It emerges from decisions: Appellate Court may direct a retrial only in ‘exceptional’ circumstances to avert a miscarriage of justice; mere lapses in investigation are not sufficient to warrant a direction for retrial; only if lapses are so grave so as to prejudice, can a retrial be directed; determination of whether a ‘shoddy’ investigation/trial has prejudiced, must be based on facts of each case pursuant to a thorough reading of evidence; it is not sufficient if accused/prosecution makes a facial argument, there has been a miscarriage of justice warranting a retrial; it is incumbent on Appellant Court, directing a retrial, to provide reason; if a matter is directed for retrial, evidence and record of previous trial is completely wiped out.

Hon’ble Justice Dr. D.Y. Chandrachud, Nasib Singh v. State of Punjab, [Criminal Appeal Nos. 1051-1054 of 2021].