Supreme Court has observed that it is not right to uphold conviction without having the record of the trial court.
A bench of Justice Ramana, Justice Khanna and Justice Murari has passed the order in the case titled as SAVITA vs STATE OF DELHI on 14.10.2019.
The instant appeals, by way of special leave, are directed against the common order dated 28.07.2017 passed by the High Court of Delhi at New Delhi in Criminal Appeal No.884 of 2001 and Criminal Appeal No. 10 of 2002 whereby the High Court while disposing of the appeals upheld the conviction and sentence imposed on the appellants-accused by the trial court under Sections 498A and 304 IPC.
it has been brought to our notice by the learned senior counsel for the appellants that the High Court while disposing of the appeal filed by the appellants-accused upheld the conviction and sentence imposed by the trial court without the record of the trial court, which was lost during the pendency of the appeal before it.
It is not in dispute that the High Court has disposed of the appeal filed by the appellant herein without the record of the trial court, which was lost during the pendency of the appeal before it. The chronology of events also indicates that there is some effort were made by the State to re-construct the record of the trial court but the reconstruction of the record could not be completed. However, learned senior counsel for the respondent-State submits that some of the records are available.
Having heard learned senior counsel for the parties and perusing the material placed before us, we are of the view that disposing of the appeal filed by the appellant-accused without the record of the trial court is not sustainable.
Read the Order here:
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