Criminal Procedure Code, 1973
Section 385—Non-compliance with the mandate of the section—Protection of the rights under Article 21 of the Constitution entails protection of liberty from any restriction thereupon in the absence of fair legal procedure—Fair legal procedure includes the opportunity for the person filing an appeal to question the conclusions drawn by the trial court—Same can only be done when the record is available with the Court of Appeal—That is the mandate of Section 385 of the CrPC—Non-compliance with mandate of the section, in certain cases contingent upon specific facts and circumstances of the case, would result in a violation of Article 21 of the Constitution of India.
[Para 35]
Section 385—Non-compliance with the mandate of the Section 385 of CrPC—Effect—Language of Section 385 of CrPC shows that the court sitting in appeal governed thereby is required to call for the records of the case from the concerned court below—Same is an obligation, power coupled with a duty, and only after the perusal of such records would an appeal be decided—Noncompliance with mandate of section, in certain cases contingent upon specific facts and circumstances of the case, would result in a violation of Article 21 of the Constitution—Once a violation of a right under Article 21 is established, that is undoubtedly sufficient to set aside a conviction.
[Paras 19, 35 & 36]
Prevention of Corruption Act, 1988
Sections 7, 13(1) & 13(2)—Illegal gratification—Conviction—Question as to whether, in absence of the records of the Court of Trial, the Appellate Court could have upheld the conviction and enhanced the quantum of fine—If a right of production of documents at the trial stage exists, it is a natural corollary that the High Court, sitting in appeal, must benefit from those documents—Despite efforts, documents such as the witness statements, statements under Section 313 of the CrPC are neither available nor have been able to be reconstructed—Upholding conviction in the absence of such documents cannot be said to be in consonance with due process of law and fairness—Conviction set aside.
[Paras 18 & 19]
Technology and Law
Digitisation of records—Directions issued as under : 1. The Registrar General of the High Courts shall ensure that in all cases of criminal trial, as well as civil suits, the digitization of records must be duly undertaken with promptitude at all District Courts, preferably within the time prescribed for filing an appeal within the laws of procedure; 2. The concerned District Judge, once the system of digitization along with the system of authentication of the digitized records is in place in their judgeship, to ensure that the records so digitized are verified as expeditiously as possible.; 3. A continually updated record of Register of Records digitized shall be maintained with periodic reports being sent to the concerned High Courts for suitable directions.
[Para 42]