RAJESWAR PROSAD MISRA vs STATE OF WEST BENGAL & ANR.

The Supreme Court held that Section 428 of the Code of Criminal Procedure allows appellate courts to receive additional evidence in appeals against acquittals, as it applies to any appeal under Chapter XXXI, including those under Section 417(3). The Court emphasized that the interests of justice necessitate the acceptance of additional evidence when it is demanded by the accused and is essential to avoid a failure of justice. The High Court's decision to convict the appellant after considering both oral and documentary evidence was upheld, affirming the broad discretion of appellate courts in such matters.