https://www.taxtmi.com/caselaws?id=194917 An appeal against conviction cannot be meaningfully decided on merits where the lower court record is missing and cannot be reconstructed. The appellate scheme under Sections 384, 385 and 386 of the Code of Criminal Procedure requires the court to call for and examine the record before determining the appeal, unless it is summarily dismissed. If reconstruction fails, the court must consider whether retrial is practicable and in the interests of justice; if retrial is also not feasible, affirming the conviction is impermissible because the accused is denied a meaningful appellate hearing. In that situation, the conviction and sentence are liable to be set aside. en-us Wed, 02 Dec 2015 00:00:00 +0530 Fri, 06 Oct 2017 06:46:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194917 An appeal against conviction cannot be meaningfully decided on merits where the lower court record is missing and cannot be reconstructed. The appellate scheme under Sections 384, 385 and 386 of the Code of Criminal Procedure requires the court to call for and examine the record before determining the appeal, unless it is summarily dismissed. If reconstruction fails, the court must consider whether retrial is practicable and in the interests of justice; if retrial is also not feasible, affirming the conviction is impermissible because the accused is denied a meaningful appellate hearing. In that situation, the conviction and sentence are liable to be set aside. Case-Laws Indian Laws Wed, 02 Dec 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194917