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Law · Q608

Code Of Criminal Procedure

Graduate and Post Graduate · Law · question 608

Q608

In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court

A.
Can only remand the matter of the trial court for taking additional evidence
B.
Shall decide the matter only on the basis of the evidence before it
C.
Shall presume that the missing evidence would have adversely impacted the case of the party who should have brought that evidence
D.
May take additional evidence itself
Answer

Answer: Option D

Solution

Answer: Option D
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