IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Govt. Appeal No.1901 of 2001 (Old No.768 of 1999) The State. … Appellant Vs. Ramesh Pal S/o Swaroop Singh, R/o village Jolly, Police Station Doiwala, District Dehradun. … Respondent Dated: May 20, 2008 Sri Harish Pujari, learned Addl. Govt. Advocate for the appellant/State, None for the respondent. HON. DHARAM VEER, J. Sri Harish Pujari, learned Addl. Govt. Advocate for the appellant/State. None is present for the respondent. 2. The present appeal has been preferred u/s 378 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 17.11.1998 passed by II Additional Sessions Judge, Dehradun in Sessions Trial no. 20 of 1996 State vs. Ramesh Pal, whereby the learned II Addl. Sessions Judge has acquitted the respondent Ramesh Pal for the offence punishable u/s 307 IPC. 3. On 02.04.2007, this Court summoned the record of the lower court. The Officer-in-charge Record Room (Civil) District Judge’s Court, Dehradun vide letter dated 09.04.2008 has reported that the record of Sessions Trial no. 20 of 1996 State vs. Ramesh Pal decided on 17.11.1998 by II Addl. Sessions Judge, Dehradun has been burnt to ashes in an incident of fire in Record Room (Civil) in the night of 07.12.1999 and due to this reason the record cannot be sent. Hence, Sri Harish Pujari, learned Additional G.A. for the State/appellant has submitted that after passing of the judgment and order dated 17.11.1998 which is under challenge, now the period of more than nine years’ has expired. He further submitted that now reconstruction of the record or retrial is also not possible. In a judgment rendered by Allahabad High Court in the case of Aziz Khan Vs. State of U.P. reported in ACC 1992 (29) 223, it was held as under: - “Where record has been lost or destroyed and it is not possible to reconstruct the record, it will not be just or proper to direct the retrial of the case if a long gap has elapsed since the commission of the offence. The occurrence had taken place on 15.10.1976 i.e. 15 years back and the complete record has not been reconstructed; Applying the principle laid down in the above mentioned authorities, we are of the opinion that the appeal of Aziz Khan should be allowed and his conviction and sentence should be set aside and the government appeal against acquittal of accused- respondents is liable to be dismissed.” 4. In view of the above, the appeal preferred by the appellant stands dismissed. The judgment and order dated 17.11.1998 passed by the II Addl. Sessions Judge, Dehradun is hereby confirmed. (Dharam Veer, J.) NCM: