Judgement of the Gujarat High Court in BEST Bakery Case Justices ...

vs . State of Gujarat and another , reported in (2001) 10 see 195, was do not
propose to offer any commands on the aforesaid grounds taken by the State of
Gujarat in the appeal.
However, we are of the considered opinion that there is no substance on merits in this
Criminal Misc. Application No .7677 of 2003 filed in criminal Appeal No956 of 2003
For taking the affidavits of those four witnesses on record of this case as an additional
evidence and its required to be rejected and the Rule issued on its required to be rejected.
38 The applicant -- State has also filed one more application Misc. Application
No.9825 of 2003 in Criminal Appeal No 956 of 2003 and prayed that the documents at
‘Annexure-A Colly ’, be allowed to placed on the record of the Appeal. If the Police can
be manipulate FIR, than it is not difficult for them to manipulate even fax message. If
this documentary was very much with them , then they should have produced it during
trail at the time of recoding of the evidence, before the Trial court . Now , it cannot be
allowed to be produced on record of the appeal , Even otherwise , it would not have
carried the prosecution case any further because Zahira has specifically denied before the
court that she has made any statement before PI Shri Baria. Like wise other documents
at ‘Annexure –A Colly ’ were also very much there with the Police , they could have
very well produced it on the record of the case before the trial Court . Under the
circumstances, this court cannot exercise its power under sections 391 read with section
311 of the Code and grant this application for taking additional evidence on record
Hance, this application is also required to be rejected and it is rejected.
(B J SETHNA ,J)
(J R VORA )
PN NAIR
Note: The print is as per the information entered in the computer . In case of discrepancy,
error or incompleteness kindly contact and bring to the notice of the Deputy Registrar for
necessary corrections.
40