https://www.taxtmi.com/caselaws?id=194914 An appellate conviction cannot be sustained where the essential prosecution record is unavailable and the record cannot be reconstructed, because Sections 384, 385 and 386 CrPC require the appellate court to examine the material before deciding the appeal on merits. Here, key papers such as the FIR, site plan, inquest report, post-mortem report, charge sheet, case diary and injury reports could not be restored despite repeated efforts. With more than three decades having passed, retrial was also impracticable and would have caused serious prejudice without serving the ends of justice. The conviction and sentence were therefore set aside. en-us Fri, 30 May 2014 00:00:00 +0530 Fri, 06 Oct 2017 06:46:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194914 An appellate conviction cannot be sustained where the essential prosecution record is unavailable and the record cannot be reconstructed, because Sections 384, 385 and 386 CrPC require the appellate court to examine the material before deciding the appeal on merits. Here, key papers such as the FIR, site plan, inquest report, post-mortem report, charge sheet, case diary and injury reports could not be restored despite repeated efforts. With more than three decades having passed, retrial was also impracticable and would have caused serious prejudice without serving the ends of justice. The conviction and sentence were therefore set aside. Case-Laws Indian Laws Fri, 30 May 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194914