Missing trial record barred merits review, and decades-old proceedings made retrial impracticable, leaving acquittal undisturbed.

An appeal against acquittal could not be examined on merits where the trial court record had been weeded out, repeated efforts to reconstruct it failed, and no case papers were traceable. In these circumstances, the appellate court could not meaningfully review the evidence or findings below. A retrial was also refused because more than 30 years had elapsed, making further proceedings impracticable and unfair. The acquittal was therefore left undisturbed.

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Issues: Whether an appeal against acquittal could be decided on merits when the lower court record was not available and could not be reconstructed, and whether a retrial could be ordered after an inordinate lapse of time.

Analysis: The record of the trial court had been weeded out and repeated efforts by the judicial authorities and the department failed to secure any papers for reconstruction. In the absence of the lower court record, the appeal could not be examined on merits. The lapse of more than 30 years also made retrial impracticable, particularly when no case papers were traceable even in the departmental office.

Conclusion: The appeal against acquittal could not be entertained on merits and retrial was not possible; the acquittal was left undisturbed.

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