ORDER 1. HEARD LEARNED COUNSEL FOR THE PARTIES. 2. LEAVE GRANTED. 3. BY THE IMPUGNED ORDER, THE HIGH COURT ALLOWED THE APPEAL AND SET ASIDE THE CONVICTION OF THE RESPONDENT AS THE LOWER COURT RECORDS WERE NOT AVAILABLE WITHOUT TAKING STEPS FOR RECONSTRUCTION OF RECORDS, IN SPITE. OF THE FACT THAT THE STATE OF UTTAR PRADESH WAS READY TO SUPPLY RELEVANT RECORDS FOR ITS RECONSTRUCTION. IN OUR VIEW, THE HIGH COURT WAS NOT JUSTIFIED IN ACQUITTING THE ACCUSED PERSON ON THIS GROUND WITHOUT TAKING ANY STEPS FOR RECONSTRUCTION OF THE RECORD. 4. ACCORDINGLY, THE APPEAL IS ALLOWED, THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS REMITTED TO THE HIGH COURT TO DISPOSE OF THE APPEAL ON MERITS AFTER GIVING ADEQUATE OPPORTUNITIES TO THE PARTIES FOR RECONSTRUCTION OF THE RECORDS.