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DELHI HIGH COURT
JASMEET SINGH
Ramesh Kaushik – Appellant
Versus
State of Delhi – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details. (Para 1) |
| 2. procedural history of the appeal. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. documents pertinent to the case unavailable. (Para 10 , 11 , 12) |
| 4. cited jurisprudence and legal standards. (Para 13 , 14) |
| 5. court's reasoning on reconstruction and its importance. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. decision to overturn previous judgment. (Para 21) |
| 7. conclusion and order of appeal. (Para 22) |
JUDGMENT
Jasmeet Singh, J. (Oral)--This is an appeal challenging the conviction and order of sentence passed by the ASJ, Delhi dated 20.10.2003 and 23.10.2003. The appellant has been held guilty of charges under Section 304(Pt. II)/34 IPC and sentenced to 6 years rigorous imprisonment along with fine of Rs. 25,000/-, which stands paid. In addition, the appellant was acquitted of the charges under Section 201 IPC.
2. The appeal was admitted on 07.11.2003 and the LCR and the Nominal Roll were called for. Since the LCR was not placed along with the appeal, on 03.12.2003, the LCR was again called for.
3. On 09.02.2009, the Court called for a report from the Registry regarding tracing out of the Trial Court record. Thereafter, the matter was
The appellant's conviction was set aside due to the lack of essential trial records, highlighting the right to a fair appeal and presumption of innocence.
In absence of vital trial records, a conviction cannot be sustained, leading to acquittal.
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 ....
An appellate court must have access to trial court records to adjudicate appeals; without such records, it cannot assess the merits of the case, leading to the dismissal of the appeal.
Re-trial should only be ordered in exceptional circumstances where the trial was vitiated by serious illegalities or irregularities, or where the prosecutor or accused were prevented from tendering m....
In absence of proper records, a court cannot comply with statutory procedures, necessitating acquittal.
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