Sita Ram vs State Of U.P.
2022 Latest Caselaw 12663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- CRIMINAL APPEAL No. - 946 of 1988
 
Appellant :- Sita Ram
 
Respondent :- State of U.P.
 
Counsel for Appellant :- S.D.Kautilya
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Vivek Varma,J.

Heard Sri S.D.Kautilya, learned counsel for the appellant and Sri Vikas Sahai, learned AGA.

The instant appeal is directed against the judgement and order dated 15.04.1988 passed by the Ist Additional District and Sessions Judge, Saharanpur in Sessions Trial No. 216 of 1983, whereby the appellant has been convicted for the offence under Section 324 IPC and sentenced to undergo rigorous imprisonment for two years.

From perusal of the office report, it reveals that at the time of admission of the appeal, record of the trial Court was not summoned.

Pursuant to letter no. 14721 dated 20.03.2021 sent by this Court, the In-charge, record room (Criminal)/Addl. Sessions Judge, Court No.5, Saharanpur vide letter dated 07.04.2021 reported that the record of the trial Court has been weeded out on 22.06.2000.

With memo of appeal, there are no documents except the judgment passed by learned trial Court on 15.04.1988 in Sessions Trial No. 216 of 1983.

In absence of record, it is not possible for this Court to adjudicate this appeal on merits. The incident too relates to the month of May, 1982. A period of about 40 years has already been passed from the date of incident and about 34 years from the date of the pronouncement of the judgment by the trial Court.

In the circumstances noticed above, by relying upon the judgment of Hon'ble Supreme Court in State of Uttar Pradesh Vs. Abhay Raj Singh reported in (2004) 4 SCC 6, this Court deems it appropriate to set aside the judgment dated 15.04.1988 passed by the trial Court by setting aside the conviction recorded and the sentence awarded.

Ordered accordingly.

Order Date :- 12.9.2022/Lbm/-