Record missing
Swami Sadashiva Brahmendra Sar
(Querist) 19 December 2010
This query is : Resolved
Criminal appeal is pending before High Court. Lower court record is not traceable and the District Judge reported that reconstruction of the file is not possible.
What course of action should be taken by the High Court? Is accused entitled to be acquitted ?
SAANJAAY GUPTAA
(Expert) 19 December 2010
appeal should be heard on merits as it contain the judgement of the lower court as well may contain the findings of the sessions court, so the appeal should be heared on law point and for some clarifications LCR is required, there is no specific law that if LCR is not found in that case accused will be acquitted from the case.
s.subramanian
(Expert) 19 December 2010
Reconstruction of the bundle can never be impossible. After all the papers will be avilable with the police,if it is on police report. However the appeal cannot be heard without the bundle being reconstructed since the criminal appeal before the High court is not confined purely to questions of law as in the cases of second appeals before it in civil cases. The high court cannot and will not acquit on the ground of loss of the bundle. If it is done,it will be a humiliation to the judiciary and a mockery of the legal process apart from being a bad precedent.
Y V Vishweshwar Rao
(Expert) 19 December 2010
Reconstruction of File can be made by collecting the papers from both sides and be considered with the Judgments already passed by lower court/s.
Y V Vishweshwar Rao
(Expert) 19 December 2010
Reconstruction of File can be made by collecting the papers from both sides and be considered with the Judgments already passed by lower court/s.
Uma parameswaran
(Expert) 19 December 2010
It also depends upon the grounds prefer for appeal.
Arun Kumar Bhagat
(Expert) 19 December 2010
I am astonished to find that District Judge says reconstruction is not possible. It is totally unacceptable and unbelievable. Entire record may not be constructed but a skeleton record is always possible from the copies supplied by all the sides.
Sri Vijayan.A
(Expert) 20 December 2010
it is possible to reconstruct
Swami Sadashiva Brahmendra Sar
(Querist) 21 December 2010
How the records can be reconstructed without conducting a full trial! If the records are burnt or could not be traced despite every possible effort, is it possible to reconstruct ! Is it practicable, and is it legal to order for fresh investigation and fresh trial by recalling all the witnesses ?
Pritam Saini, Advocate
(Expert) 22 December 2010
judgement could be atteched with ground of appeal and the reconstructed file can be compare with judgment.
