Loss of Trial Court Records: High Court of Delhi Sets Aside Conviction U/S 304 part-II IPC

In a significant legal decision, the High Court of Delhi, led by Hon'ble Mr. Justice Vikas Mahajan, has set aside the convictions of appellants in the cases of CRL.A. 741/2003 and CRL.A. 719/2003. The judgment, delivered on January 3, 2024, underscores the crucial importance of complete Trial Court Records (TCR) in upholding the principles of a fair trial and justice.

The appellants, initially convicted under Section 304 part-II IPC read with Section 34 IPC, challenged the trial court’s decision, which was primarily based on the preponderance of probabilities and involved witnesses who had turned hostile.

Justice Vikas Mahajan, in his ruling, stated, "In order to affirm the conviction of the appellant, the perusal of the Trial Court Record is the essential element of hearing of the appeal. Every appellant has a right to satisfy the Appellate Court that the material evidence available on record did not justify his conviction and this is a valuable right which cannot be denied to an appellant." This observation highlights the court's commitment to ensuring that the rights of the appellants are protected under Article 21 of the Constitution.

The judgment took into account the non-reconstruction of the TCR, which was deemed essential for a fair appellate review. The High Court referred to previous Supreme Court decisions, notably ‘State of UP vs. Abhay Raj Singh & Anr.’ and ‘Jitendra Kumar Rode vs. Union of India’, to reinforce the principle that the absence of complete trial records violates the right to a fair trial.

Date of Decision: January 03, 2024

RAMESH & ANR. VS STATE OF NCT OF DELHI