Additional Evidence in in HC Appeal against acquittal
In 138 NIA Trial the MM Court acquitted the accused . The complainant files an appeal against acquittal in HC u/s 378(4) CrPC.
In the trial Court the complainant had in good faith stated that he had not replied to the a particular letter of the accused. The accused knowingly that he had received such communication from the complainant remained silent on that point. However, later on after the order of acquittal was pronounced, the complainant discovered a communication which was his reply to the accused’s letter. This communication is a vital piece of evidence against the accused
Can the complainant pray to the High Court to take this addition piece of evidence on record for a just decision on appeal?