The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-XI]

SPECIAL INTERMEDIATE STAGE OF “ACQUTTAL” IN A SESSIONS TRIAL – Section 232 Cr.P.C.

Q.48 What is the special intermediate stage of acquittal in a “sessions trial” ?

Ans. If after the prosecution evidence is over the Judge considers that there is “no evidence” to show that the accused committed the offence alleged, the Judge shall record an order of acquittal.

Such a provision is absent in a warrant case triable by a Magistrate.

Supposing in a sessions case all the prosecution witnesses have turned hostile to the prosecution, it may be a case of “no evidence” justifying an acquittal. The precious time of the Sessions Judge need not be wasted by completing the provisions for trial. Hence, even before the Court proceeds under Section 233 and the subsequent Sections of Chapter XVIII Cr.P.C., the Sessions Judge is given the power to record an order of acquittal. Naturally the Judge will have to give reasons for the acquittal. 

DEFENCE EVIDENCE

Q.49 Is the Magistrate obliged to call upon the accused to enter on his defence in any of the modes of trial?

Ans. Yes. In the trial of a “warrant case” the Magistrate is obliged under Section 243 and Section 247 Cr.P.C. respectively to call upon the accused to enter on his defence.

Similarly, a Sessions Judge also has to call upon the accused to enter on his defence as per Section 233 Cr.P.C.

But, there is no such obligation on the part of the Magistrate in a “summons trial”.

ARGUMENTS

Q.50 When is the case taken up for arguments?

Ans. As soon as the defence evidence, if any, is over.

Q.51 Who should commence the arguments?

Ans. Ordinarily it is the Public Prosecutor who has to commence the arguments unless there is a “reverse burden”, as in the case of Section 29 of POCSO Act.

Q.52 When should the case be taken up for judgment?

Ans. Immediately after the arguments on both sides have been finished. This is the stage of termination of trial.

Q.53 When should the Judgment be pronounced?

Ans. Immediately after the termination of the trial or on a subsequent date for which notice should be given to both sides. (Vide Section 353 (1) Cr.P.C.)

Q.54 What should be the language in which the judgment should be written?

Ans. The judgment should be written in the language of the Court. Section 272 Cr.P.C. empowers the State Government to determine the language of all Courts other than the High Court.

Q.55 What should be the contents of the Judgment?

Ans. Section 354 Cr.P.C. gives the contents of the Judgment. It reads as follows :-

“354: Language and contents of judgment - (1) Except as otherwise expressly provided by this Code, every judgment referred to in Section 353,--

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision;

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code (45 of 1860) or other law under which, the accused is convicted and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year of more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Code.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

(6) Every order under Section 117 or sub-section (2) of Section 138 and every final order made under Section 125, Section 145 or Section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.”

Q.56 Should the accused be required to hear the judgment pronounced and what if there are more accused than one and one or more of them fail to attend the Court on the date of judgment?

Ans. If the accused is in custody he shall be brought up to hear the judgment pronounced. (Vide Section 353 (5) Cr.P.C.) If the accused is not in custody he shall be required by the Court to attend to hear the judgment pronounced. But, he need not attend the Court in a case where –

1. the personal attendance of the accused had been dispensed with during trial and the sentence is one of fine only.

2. there are more than one accused and one or more of them do not attend the Court on the date of Judgment, the presiding officer may pronounce the judgment against all in order to avoid undue delay. (Vide Section 353 (6) Cr.P.C.)

Part 1: The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-I]

Part 10: The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-X]