https://www.taxtmi.com/caselaws?id=297824 An appellate court hearing a conviction appeal must independently assess whether any irregularity in investigation or trial has actually caused prejudice or a failure of justice. A retrial under Section 386 CrPC is an exceptional remedy and cannot be ordered merely because lapses are noticed; it is justified only where the original trial is vitiated by serious illegality, irregularity, or real prejudice. The text distinguishes Nar Singh on the basis that the present matter did not show how the alleged lapses resulted in miscarriage of justice. On that reasoning, the High Court's direction for retrial was described as unsustainable and was set aside, with the appeals remitted for fresh consideration on merits. en-us Tue, 31 Jan 2017 00:00:00 +0530 Thu, 23 Sep 2021 07:04:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297824 An appellate court hearing a conviction appeal must independently assess whether any irregularity in investigation or trial has actually caused prejudice or a failure of justice. A retrial under Section 386 CrPC is an exceptional remedy and cannot be ordered merely because lapses are noticed; it is justified only where the original trial is vitiated by serious illegality, irregularity, or real prejudice. The text distinguishes Nar Singh on the basis that the present matter did not show how the alleged lapses resulted in miscarriage of justice. On that reasoning, the High Court's direction for retrial was described as unsustainable and was set aside, with the appeals remitted for fresh consideration on merits. Case-Laws Indian Laws Tue, 31 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297824