Supreme Court of India · 2004-03-08
State Of U.P vs Abhai Raj Singh & Anr
- Citation / case number
- AIR 2004 SUPREME COURT 3235
- Court
- Supreme Court of India
- Petitioner
- State Of U.P
- Respondent
- Abhai Raj Singh & Anr
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the issue of whether an Appellate Court can direct acquittal under Section 386 of the Code of Criminal Procedure, 1973, in the absence of trial records. The Court held that the Appellate Court must have access to the trial records to ensure a fair assessment of the case, and without such records, directing acquittal is unjustified. Consequently, the Court set aside the acquittal order of the Allahabad High Court and emphasized the necessity of reconstructing records for a proper appeal process.