Trial without original charge-sheet ?

Jainodin shaikh (Querist) 15 July 2014 This query is : Resolved
Problem:
1. Two accused were charge-sheeted.
2. First accused declared absconding.
3. Trial of second accused separated.
4. Second accused acquitted.
5. Case papers send to record room..
6. After some years, records; except the judgment, were destroyed by the court.
7. After some years first accused arrested and supplementary charge-sheet is filed against him.
8. Supplementary charge-sheet is not accompanied with any statement of witness nor even with F.I.R., but it has photocopies of original charge-sheet which are not readable.

Question:
How the trial of first accused can proceed?
What stapes the Court or accused is expected to take?

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Devajyoti Barman (Expert) 15 July 2014
on the basis of available papers the case record can be reconstructed and the trial can be commenced.

Sankaranarayanan (Expert) 16 July 2014
I do agree with Barman ji

Rajendra K Goyal (Expert) 16 July 2014
Well advised, agree with the expert.

Guest (Expert) 16 July 2014
Shri Barman has rightly opined.

Jainodin shaikh (Querist) 16 July 2014
@ Dewajyoti Barman
if the available documents itself are unreadable, then how the court can reconstruct the records?

Nadeem Qureshi (Expert) 16 July 2014
the copy of police file is safe Dear in Police headquarter so the police may reconstruct the record again to prosecute the accused.
think practically, for ex:- a case was registered against two or more accused and except one accused all the accused abscond then due to the reason as mention above by you, all accused can not get benefit.

T. Kalaiselvan, Advocate (Expert) 17 July 2014
You have been very properly addressed that the case can be tried by reconstructing the records,if you still feel unsatisfied you may approach the concerned police about it because it is the headache of the police to prosecute the case.

Jainodin shaikh (Querist) 18 July 2014
thanks to all experts for the valuable discussion on my query!

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