NDLI: Jitendra Kumar Rode Vs. Union of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Procedure for hearing appeals not dismissed summarily Cr.P.C s. 385
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1974: s. 385 – Procedure for hearing appeals not dismissed summarily – Conviction and sentence of the appellant-Assistant Commercial Manager, Northern Railway u/s. 7 of PC Act by the trial court – In appeal before the High Court though the record revealed that the entire record of the matter before trial court has been lost and is not traceable and the documents sent as reconstructed documents do not constitute the relevant trial court record, the High Court upheld the conviction despite going into the merits – Legality of – Held : Accused, in appeal, has a right to have the record perused by the Appellate Court – Job of the court of appeal is not to depend on the lower Court’s judgment to uphold the conviction but, based on the record available before it duly called from the trial court and the arguments advanced before it, to come to a conclusion thereon – Language of s. 385 shows that the court sitting in appeal governed thereby is required to call for the records of the case from the concerned court below – It is an obligation, power coupled with a duty, and only after the perusal of such records would an appeal be decided – Non-compliance with the mandate of the section, in certain cases contingent upon specific facts and circumstances of the case, would result in a violation of Art. 21 – Relevant trial court record has not been reconstructed, despite the efforts of the courts below – Furthermore, 28 years have been passed since the commission of the offence – Ordering a retrial is not in the interest of justice and would not serve any fruitful purpose – Thus, the order of the trial court and the High Court set aside – Prevention of Corruption Act, 1988. Constitution of India : Art. 21 – Protection of rights under – Held: Personal liberty cut down in the absence of fair legal procedure is an affront to the sanctity of Art. 21 – Fair legal procedure includes the opportunity for the person filing an appeal to question the conclusions drawn by the trial court – Same can only be done when the record is available with the court of appeal. Judicial directions : Digitization of Records – Issuance of directions to the High Courts to ensure that in cases of criminal trial, and civil suits, the digitization of records to be duly undertaken with promptitude at all District Courts for smooth judicial process – Issuance of SOP for digital preservation – All High Courts to establish Judicial Digital Repositories as well as standardized system. Judicial notice: Digitization of records – In accordance with the SOP issued, private entities providing specialized service have been contracted, and a robust system of responsibility and accountability to be developed and fostered to ensure the proper protection and regular updation of all records facilitating the smooth functioning of the judicial process – Judicial notice taken of the said fact.
Judge	Hon'ble Mr. Justice Sanjay Karol
Neutral Citation	2023 INSC 419
Petitioner	Jitendra Kumar Rode
Respondent	Union Of India
SCR	[2023] 4 S.C.R. 512
Judgement Date	2023-04-24
Case Number	1269

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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Jitendra Kumar Rode Vs. Union of India

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