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march 2004

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.

State Of U.P vs Abhai Raj Singh & Anr · Niyam