1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL GOVERNMENT APPEAL No.1870 of 2001 (Old No. 3383 of 1999) The State …Appellant Versus Mohan Narain Jha & others …Respondents Sri Amit Bhatt, learned Addl. GA for the State None for the respondents Dated: May 12, 2010 HON. DHARAM VEER, J. The present appeal has been preferred against the judgment and order dated 24.7.1999 passed by the First Additional Sessions Judge, Haridwar in S.T. No.9 of 1994, State Vs. Mohan Narain Jha & othrs, thereby acquitting the respondents for the offences punishable u/s 459/458/366/376 of the IPC. 2. In compliance of the repeated requisitions issued by the court on last various dates after passing of the order dated 17.5.2007 for summoning the record of the trial court, District Judge, Haridwar vide his report dated 14.1.2010, has reported that the record of the case is not traceable. Sri Amit Bhatt, Addl. GA for the State/ appellant, also submitted that after passing of the judgment and order dated 24.7.1999 which is under challenge, now a period of about eleven year has expired. He further submitted that now the reconstruction of the record or retrial is also not possible. In a judgment rendered by Allahabad High Court in the case of Aziz 2 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 and 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.” 3. In view of the above said dictum of Allahabad High Court, the appeal preferred by the State/appellant stands dismissed. The judgment and order dated 24.7.1999 passed by First Additional Sessions Judge, Haridwar in S.T. No.9 of 1994, State Vs. Mohan Narain Jha & others, is affirmed. (Dharam Veer, J.) May 12, 2010 Rajeev Dang 3