Destroyed trial record requires reconstruction first; acquittal in a conviction appeal is not justified without merits review.

An appellate court should not direct acquittal in a conviction appeal merely because the trial record is unavailable. Section 386 CrPC contemplates merits-based appellate review after the record is perused and the parties are heard, so the absence of a destroyed record does not justify final disposal by acquittal. Where the record is destroyed, the court must first make genuine efforts to reconstruct it from available sources. If reconstruction succeeds, the appeal should be heard on merits; if reconstruction is not practicable, retrial may be considered where justice requires it. Only if reconstruction and retrial are both impossible should further final disposal be considered.

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Issues: (i) Whether an appellate court can direct acquittal in a conviction appeal when the trial court record is not available. (ii) What course should be adopted when the record is destroyed and reconstruction may or may not be possible.

Issue (i): Whether an appellate court can direct acquittal in a conviction appeal when the trial court record is not available.

Analysis: The appellate power under Section 386 of the Code of Criminal Procedure, 1973 contemplates reversal of conviction and acquittal only after perusing the record and hearing the parties. Where the record is unavailable because it has been destroyed, a finding on merits for acquittal cannot ordinarily be recorded. The proper course is not to dispose of the appeal by acquitting the accused merely because the record is absent.

Conclusion: The direction of acquittal in the absence of the trial record was not justified.

Issue (ii): What course should be adopted when the record is destroyed and reconstruction may or may not be possible.

Analysis: The statutory scheme requires the appellate court to call for the record under Section 385 and then exercise powers under Section 386. If the record is destroyed, the court should first make positive efforts to reconstruct it from all available sources. If reconstruction succeeds, the appeal should be heard on merits. If reconstruction is not practicable, the appellate court may consider retrial if that course would serve the interests of justice. Only if both reconstruction and retrial are impossible should the earlier direction be allowed to stand.

Conclusion: The matter had to be remitted for reconstruction of the record and, depending on feasibility, for rehearing or retrial.

Final Conclusion: The appellate order was set aside and the appeals were sent back for fresh consideration after reconstruction efforts, with retrial as a further alternative if justice so required.

Ratio Decidendi: An appellate court cannot affirmatively determine a conviction appeal on merits without the trial record; where the record is destroyed, it must first attempt reconstruction and, if needed, consider retrial before resorting to any final disposal.

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