Section 391 of CrPC : Section 391: Appellate Court May Take Further Evidence Or Direct It To Be Taken

Explanation using Example

Imagine a scenario where a person named Raj was convicted for theft and decided to appeal against the conviction in the High Court. During the appeal proceedings, the High Court judges found that a key witness had not been examined during the trial. Believing this witness's testimony could be crucial to Raj's appeal, the judges decided to invoke Section 391 of The Code of Criminal Procedure, 1973.

The High Court, after recording its reasons for requiring the additional evidence, chose to take the testimony of the witness themselves. Raj and his lawyer were given the right to be present during this process, ensuring that the principles of a fair trial were upheld. The witness's testimony was then added to the evidence on record, and the High Court proceeded to make a decision on the appeal, taking into account the new information provided by the witness.