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Appeal Cannot Be Disposed Of Without Trial Court Record

In Savita vs. State of Delhi, one of the issue raised in the appeal before the Supreme Court was whether the order of High Court disposing of the criminal appeal in the absence of original record can be held sustainable in the eyes of law.

The Supreme Court observed that it is not in dispute that the High Court has disposed of the appeal filed by the appellant herein without the record of the trial court, which was lost during the pendency of the appeal before it. The chronology of events also indicates that there is some effort were made by the State to re-construct the record of the trial court but the reconstruction of the record could not be completed. However, learned senior counsel for the respondent-State submits that some of the records are available. Having heard learned senior counsel for the parties and perusing the material placed before us, we are of the view that disposing of the appeal filed by the appellant-accused without the record of the trial court is not sustainable.

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