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As per case facts, the non-applicant lodged a report alleging ill-treatment by the applicant, leading to a crime registration and chargesheet. After the Magistrate acquitted the applicant, the non-applicant filed
...a Criminal Appeal challenging the acquittal. During the appeal, she sought permission to adduce additional evidence, specifically a birth certificate of a child born to the applicant and another woman (Sapna), to prove bigamy and mental cruelty. An earlier application for additional evidence was rejected. The Additional Sessions Judge allowed the application for recording additional evidence and giving findings on bigamy and mental cruelty, which the applicant challenged in revision. The question arose regarding the scope of Section 391 CrPC for admitting additional evidence and whether the appellate court could direct findings. Finally, the High Court allowed the recording of additional evidence for the birth certificate, noting it was unavailable earlier, but quashed the direction to the Magistrate to give fresh findings on bigamy and mental cruelty, stating it was beyond the scope of Section 391 CrPC.
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