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Synopsis

The Supreme Court has on November 9, 2023 said that the rules should be amended to include soft copies of the original records, requisitioned necessarily in criminal appeals involving death penalty and life imprisonment, while deprecating the practice of not producing the deposition of witnesses on record, causing delay.

A bench of Justices Abhay S Oka and Sanjay Karol opined that this would address the issue of repeated adjournments and facilitate a much quicker availability of such records to the court and would further ensure a more environmentally conscious approach.

The court pointed out that as per sub-Rules 2 & 3 of Rule 5 of the SC Rules, 2013, physical copies of the original records are to be called for, in criminal appeals involving sentence of life or the death penalty. In all other cases, the calling of such records is subject to specific orders of a bench of this court, the top court said.

"We deem it appropriate to deprecate the practice of depositions of material witnesses not being placed on record....Such practices often cause repeated adjournments, which goes to the root of pendency and delay in disposing of appeals. Therefore, it is incumbent upon us to provide suggestions, in tackling this issue," the bench said.

The court, thus, suggested that Sub-Rule 3 be amended to insert the words ‘soft copy’ before the words ‘original records’, resulting in e-copies of the Original Records being requisitioned.

Further, by necessary amendment to the Rules such requisition of the soft copy of the record be extended to cases where leave is granted against an order of acquittal or conviction, it said.

Such soft copy of the records, once received be provided to the counsel appearing for the parties, it added.

The court directed the Registry to place the order before the Chief Justice of India for consideration and necessary action.

The court issued its order while dismissing an appeal filed by one Roy against conviction and sentence of life term in a case related to sale and mixing of methyl alcohol with spirit as part of the conspiracy, resulting in deaths of seven persons, blindness in 11 people, and injuries to more than 40 people in Kerala's Kollam district on April 4, 2003.

After going through the records, the bench said, "There can be no doubt left about the involvement of the accused persons before us, in the sale and mixing of methyl alcohol with spirit as part of the conspiracy, resulting in deaths and injuries to many innocent persons. The conviction of A10 (Sanjeev) and A11 (Roy) under Sections 302, 307, 326 and 120B IPC and 57(A)(1)(ii) of the Abkari Act has to be upheld."

The court found that the conclusion and conviction arrived concurrently by the high court and the trial court regarding the role played by the accused persons in this tragedy did not suffer from any infirmity and did not warrant interference.

The appeal by Sanjeev was abated due to death on September 29, 2023.

Case Title: Sanjeev v. State of Kerala