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KRISHNA MURARI, SANJAY KAROL
Jitendra Kumar Rode – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted.
2. The questions which arise for our consideration are; One, whether, in the absence of the records of the Court of Trial, the appellate Court could have upheld the conviction and enhanced the quantum of fine? And Two, whether, given the language employed under Section 385 of the Code of Criminal Procedure, 1973, the present situation constitutes a violation of the accused’s fundamental rights under Article 21 of the Constitution of India?
3. The captioned appeal arises out of the final judgment in Criminal Appeal No. 625 of 1999 dated 23.11.2022 passed by the High Court of Judicature at Allahabad at Lucknow by which the Appellant’s conviction by the Special Judge, (Prevention of Corruption Act, 1988) Lucknow in Case No. 7 of 1996 was upheld.
4. To facilitate effective adjudication of the present lis, it is essential to appreciate the judgments rendered by the learned courts below.
5. The Trial Court, in its judgment dated 04.12.1999, convicted the Appellant herein, under Sections 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988 (hereafter, PC Act for short). After analysing the evidence on record, the Trial Court concluded as und
If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered ....
In absence of vital trial records, a conviction cannot be sustained, leading to acquittal.
The appellate court cannot affirm convictions without perusal of essential trial records; absence of records violates fair legal procedure.
In absence of proper records, a court cannot comply with statutory procedures, necessitating acquittal.
The main legal point established in the judgment is that the appellate court is obligated to hear the appellant or their counsel and go through the records before disposing of the appeal, as per the ....
The right to a speedy trial is integral to the right to free and fair trial under Article 21, impacted by delays and the non-availability of documentary evidence.
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