Prayagraj, Sep 22 (PTI) The Allahabad High Court has set aside the verdict of a trial court that had sentenced a person to four years of imprisonment in a criminal case 42 years ago and acquitted the person, citing “unavailability” of important trial court records.
A court of Ballia district had sentenced four years imprisonment to the appellant in 1982.
Allowing an appeal of Ram Singh, Justice Nalin Kumar Srivastava observed, “In the present case, as admitted by the prosecution itself, since the reconstruction of the record is not possible and no other record except the impugned judgment and order of the trial court is available, as a natural consequence thereof, retrial of the case is also not possible.” “In view of the legal principle enumerated in the aforesaid judgment, nothing remains in this appeal and on account of non-availability of the vital and important basic records, the conviction order cannot be sustained. This Court has no other alternative in these circumstances but to allow the appeal and set aside the conviction and sentence of the appellant and to acquit him,” the high court said in its order dated September 9.
Singh had filed the criminal appeal challenging the order dated September 30, 1982 passed by the sessions judge, Ballia in a case lodged at Garwar police station under section 201 (destroying evidence) of IPC.
The sessions judge had sentenced the appellant for the offence to undergo four years of rigorous imprisonment. PTI CORR RAJ KVK KVK
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