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Supreme Court of India · 24/04/2023

JITENDRA KUMAR RODE versus UNION OF INDIA

[2023] 4 S.C.R. 512 · 2023 INSC 419

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Summary

A railway officer convicted in 1999 under the Prevention of Corruption Act for taking a Rs. 500 bribe appealed to the Allahabad High Court, where the entire trial record was lost and could not be reconstructed beyond a few investigation papers; the High Court nonetheless upheld the conviction, reduced the sentence to time served and enhanced the fine. The Supreme Court set the conviction aside, holding that Section 385 CrPC obliges an appellate court to call for and peruse the trial record before deciding an appeal on merits, that upholding a conviction without the depositions and other essential record violates fair procedure under Article 21, and that after 28 years a retrial would serve no purpose; it also issued directions for digitisation of trial court records.

Issues

  1. Whether an appellate court can uphold a conviction and enhance the fine when the trial court record has been lost and could not be reconstructed.
  2. Whether deciding a criminal appeal without the record, contrary to Section 385 CrPC, violates the accused's rights under Article 21 of the Constitution.
  3. Whether a retrial should be ordered where the record cannot be reconstructed and nearly three decades have passed since the offence.
  4. What systemic directions are warranted to prevent loss of trial records.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment and the conviction dated 07.12.1999 by the Special Judge (PC Act), Lucknow in Case No. 7 of 1996 set aside; any fine deposited to be returned; directions issued for digitisation of trial court records; interlocutory applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 512.