S.173(8) CrPC Inapplicable To Additional Document Already Part Of Record In Incomplete Form, Without Introducing New Allegations: Delhi HC

While upholding the Trial Court's order allowing the prosecution to introduce an additional document, the Delhi High Court has observed that the introduction of the document, which was already a part of the record in an incomplete form and did not introduce any new facts or allegations, did not amount to placing 'fresh evidence'. The Trial Court allowed CBI's application, noting that the screenshot was already a part of the record and that its completion did not amount to fresh evidence. Introduction Of Additional Document/Screenshot Distinguishing between 'fresh evidence' and 'rectification', the Court observed that fresh evidence means new material that was not a part of the original investigation and does not alter the nature of the prosecution's case by introducing new facts or allegations against the accused. The document in question was already a part of record in an incomplete form, and its completion does not introduce any new allegation, new findings, or alter the prosecution's case in any material manner.” Pursuing the Trial Court's order, the Court noted that the Trial Court observed that the document was already a part of the record and its omission was a procedural oversight.