JITENDRA KUMAR RODE Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The questions which arise for our consideration are; One, whether, in the absence of the records of the Court of Trial, the appellate Court could have upheld the conviction and enhanced the quantum of fine And Two, whether, given the language employed under Sec. 385 of the Code of Criminal Procedure, 1973, the present situation constitutes a violation of the accused's fundamental rights under Article 21 of the Constitution of India.

(3.) The captioned appeal arises out of the final judgment in Criminal Appeal No. 625 of 1999 dtd. 23/11/2022 passed by the High Court of Judicature at Allahabad at Lucknow by which the Appellant's conviction by the Special Judge, (Prevention of Corruption Act, 1988) Lucknow in Case No. 7 of 1996 was upheld.