JUDGMENT S. Malik, J. - This is an appeal filed by Ramesh alias Lalla and Kariyal alias Nasir against the judgment dated 3-4-1972 of the Temporary Civil and Sessions Judge, Etawah, convicting them under Sections 392 and 324, I.P.C. Kariyal was further convicted u/s 325, I.P.C. and Ramesh u/s 224, I.P.C. Both were sentenced to various terms of imprisonment under the said Sections concurrently. 2. The lower Court record while in transit got burnt due to a fire in the bogie of the train in which it was. 3. A report was called from the lower Court as to whether the record of the lower Court could be reconstituted. The learned Sessions Judge has reported that only the FIR and the medical reports a re likely to be re-constructed, but the oral testimony of the witnesses cannot be re-constructed. He has observed that notes were taken by the counsel for the parties, but no reliance can be placed on those notes. 4. The presumption of innocence in favour of the accused continues even in an appeal pending before the appellate Court. Therefore, unless the Court finds evidence justifying the conviction of the Appellants the Appellants have to be acquitted. As has been mentioned, in this case, there is no evidence to show that the Appellants were rightly convicted and sentenced. Under the circumstances, the appeal is liable to be allowed and is accordingly allowed. The order passed by the lower Court convicting and sentencing the Appellants is set aside. They are on bail. They need not surrender and their bail bonds are hereby discharged.