trial magistrate lost documents

Querist : Anonymous (Querist) 08 July 2011 This query is : Resolved
A trial magistrate convicted an accused in a criminal case, based on deposition of witness and documents. Appealed by accused to Appellate Court. In appeal the deposition of some witness lost from the custody of the trial court while transiting from it to Appellate Court. Whether the court can decide the appeal in this situation or what relief can be made or done. Any supporting judgment is there. Who is liable for the carelessness?

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M.Sheik Mohammed Ali (Expert) 08 July 2011
the appellate court only consider the deposition of the witnesses so no need the witnesses the court may decided

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