PRABHAT NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal was directed against the order passed by Sri D.P. Srivastava, VIIIth Additional Sessions Judge, Bareilly, on 24-11-1978. The learned Judge was trying a special case and as a result of his assessment of the evidence he convicted the appellant on the charges under Ss.5(1)(d) and 5(2) of the Prevention of Corruption Act and sentenced him to one year's R.I. and a fine of Rs. 500/- and in default of payment of fine three months' further R.I. was awarded.

(2.) When the record of this case was sent for, a report was received that it had been destroyed as a result of fire and was not available. Then order was passed by this Court on 29-7-1983 directing the Sessions Judge Bareilly to reconstruct the record and send the same to this Court and if that was not possible then to send a report to that effect. The learned Sessions Judge has reported that reconstruction is not possible. Under these circumstances the case came up for hearing before me.

(3.) The legal position is very clear. In new of S.386, Cr. PC it is essential that when an appeal is decided the Court makes perusal of the record and when the record is not available, that perusal cannot be made and compliance of S.386, Cr. PC is not possible. Then the court will be left with no option but to direct acquittal of the appellant in the absence of the record.