Digitization of records in all criminal trials and civil suits now mandatory, directs Supreme Court
On 24 April 2023, Supreme Court in a Judgement, JITENDRA KUMAR RODE Vs UNION OF INDIA , directed the Registrar General of all High Courts to ensure that the digitization of records is duly undertaken in all criminal trial cases and civil suits, with promptitude at all District Courts, preferably within the time prescribed for filing an appeal within the laws of procedure. The Court also directed the concerned District Judges to ensure that the digitized records are verified as expeditiously as possible and a continually updated record of the Register of Records digitized is maintained with periodic reports being sent to the concerned High Courts for suitable directions.
The Court observed that the language of Section 385 of the Code of Criminal Procedure, 1973 mandates the Court sitting in appeal to call for the records of the case from the concerned Court below, peruse them, and then decide the appeal. The Court held that failure to comply with this mandate would result in a violation of Article 21.
In the present case, the Appellate Court had upheld the conviction of the accused even though the relevant Trial Court record could not be reconstructed and the essential documents necessary to appreciate the appeal on its merits were not available. The Appellate Court had held that the counsel for the accused, who filed the appeal, must have perused the record at the time of filing the appeal. However, the Supreme Court held that the job of the Court of Appeal is not to depend on the lower Court’s judgment to uphold the conviction but to come to a conclusion based on the record available before it.
The Court further held that, in certain cases contingent upon specific facts and circumstances of the case, non-compliance with the mandate of Section 385 would result in a violation of Article 21. However, the Court also observed that ordering a retrial in cases where the time elapsed since the commission of the offence is significant and the essential documents such as the FIR or witness statements are not available, would not be in the interest of justice and would not serve any fruitful purpose
The Court also directed the Registrar General of all High Courts to ensure that the digitization of records is duly undertaken in all criminal trial cases and civil suits, with promptitude at all District Courts, preferably within the time prescribed for filing an appeal within the laws of procedure. The Court also directed the concerned District Judges to ensure that the digitized records are verified as expeditiously as possible and a continually updated record of the Register of Records digitized is maintained with periodic reports being sent to the concerned High Courts for suitable directions.
JITENDRA KUMAR RODE Vs UNION OF INDIA
