High Courts Sets Aside Conviction Of Man After Loss Of Trial Court Record

The high courtsaid the perusal of the trial court record is an essential element of hearing of an appeal and every appellant has a valuable right to satisfy the appellate court that the material on record did not justify his conviction.

The Delhi High Court has set aside the conviction and 6-year jail term awarded to a man in 2003, noting the trial court record has been lost and material documents including witness depositions are now not available for its perusal.

The high court, while dealing with the appeal of the convict against the trial court orders on conviction and sentence, said the perusal of the trial court record is an essential element of hearing of an appeal and every appellant has a valuable right to satisfy the appellate court that the material on record did not justify his conviction.

Underlining that every accused carries with him the presumption of innocence even at the appeal stage, the court allowed the appeal and set aside the trial court order sending the person to jail for six years for 'culpable homicide not amounting to murder'.

"I am of the view that in order to affirm the conviction of the appellant, the perusal of the trial court record is the essential element of hearing of the appeal. Every appellant has a right to satisfy the Appellate Court that the material evidence available on record did not justify his conviction and this is a valuable right which cannot be denied to an appellant," said Justice Jasmeet Singh in a recent order.