All courts have power to order Reconstruction of Files form whatever material available, in whatever possible way and than it can convict an accused on basis of such reconstructed case papers.
These are wide powers. There are no hard and fast rules. Looking to facts of each case, every judge can pass necessary orders to reconstruct files.
No accused can be ever allowed to go scot free on the ground that case file is missing.
When case file involving criminal-accused goes missing, the needle of suspicion usually goes towards accused. They are the possible beneficiaries.
Missing court-file is not supposed to give benefit to any accused.
Haresh Raichura
29/8/14
