POST TRIAL PROCEDURE

JUDGMENT (SECTIONS 353-365)

 Two functions of Criminal Court

 To decide as to the guilt or innocence of the accused

 If guilty to determine the appropriate punishment.

 SECTION 353

 Judgment shall be delivered in open court immediately

after the conclusion of the trial or on a subsequent date.
 Three ways to deliver a judgment.
 By delivering the whole judgment
 By reading out the whole judgment
 By reading out the operative part of the judgment
 If delivering the whole judgment then the same shall be taken down in short hand
and after delivering the judgment the same should be signed on every page by the
judge or presiding magistrate.

 If reading out whole judgment the same shall be signed at the end if written by
hand or if not written by hand then shall be signed on every page

 If only operative part is read out then immediately after reading out the operative
part a copy of the judgment shall be given for free to the convict and the victim.
 If the accused in custody then he shall be brought to hear the
judgment.

 If not in custody then he shall be summoned to the court.

 No judgment delivered by any criminal court shall be deemed to

be invalid by reason of absence of any party or his pleader on
the day or from the place notified for the delivery therof, or of
any omission to serve or defect in serving on the parties or their
pleaders or any of them the notice of such day and place.
 SECTION 354
LANGUAGE AND CONTENTS OF JUDGMENT
 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;
  shall contain the point or points for determination, the decision thereon and
the reasons for the decision;
 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;
 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.
 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.
 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.
 When the conviction is for an offence punishable with imprisonment for a term of one
year or 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.
 When any person is sentenced to death, the sentence shall direct that he be hanged by
the neck till he is dead.
 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
  CASES
 RAMHIT v. EMPEROR, 1934

 Judgment in criminal case shall state start with statement of facts in respect of
which the accused person is charged. The judgment should indicate a careful
analysis and appraisement of the evidence while reaching the conclusions
regarding proof of facts.

 Two important contents.

 Statement of facts at the beginning.
 Careful analysis and appraisement of evidence.
 Cases of circumstantial evidences.
 S.P.Bhatnagar v. State of Maharashtra, 1979

 In such cases there is always the danger that conjecture or suspicion may take
the place of legal proof. Therefore it would be well to keep in mind the
fundamental rule relating to the proof of guilt based on circumstantial evidence.
The circumstances from which the guilt is to be drawn should be fully established
and all the facts so established should be consistent only with the hypothesis of
the guilt of the accused. In other words, there must be a chain of evidence so far
complete as not to leave any reasonable ground for a conclusion consistent with
the innocence of the accused and it must be such as to show that with all human
probability the ac must have been committed by the accused.

 AARUSHI TALWAR CASE.

 Feeling of victim of offence.
 Prem Kaur v. State of Punjab and ors, 2013
 Father and son both were prosecuted for committing rape. Accused were
acquitted on the ground that rape by father and son is improbable. This
indicates the insensitiveness of the court. But SC held that guilt of accused has
to be decided on the basis of evidence or record and not merely by observing
that allegations made against accused is improbable and hence acquittal was set
aside.

 Kulwant Singh v. State of Punjab, 1967

 In this case it was held that feeling of the victim of offence and his family
members cannot be ignored while awarding sentence.
 Conditions for death Sentences
 Ram Naresh v. State of Chattisgarh, 2012.
 The court has to apply the test to determine if it was the rarest of the rare cases.
 In the opinion of the court imposition of life imprisonment would be completely
inadequate and would not meet ends of justice.
 Life imprisonment is rule and death sentence is exception.
 The opinion to impose sentence of imprisonment for life can not be cautiously
exercised having regard to the nature and circumstances of the crime and all
relevant considerations.
 The method (planned or otherwise) and manner(brutality and inhumanity) in
which the crime was committed and the circumstances leading to the commission
of such heinous crime.
 JUST PUNISHMENT

 Gopal Sing v. State of Uttarakhand, 2013

 Just Punishment is the collective cry of the society. Principle of just
punishment is the bedrock of sentencing in respect of criminal offences.
Punishment should not be disproportionately excessive.
 356. Order for notifying address of previously convicted offender.(1) When any
person, having been convicted by a Court in India of an offence punishable under
section 215, section 489A, section 489B, section 489C or section 489D of the
Indian Penal Code, (45 of 1860 ) or of any offence punishable under Chapter XII or
Chapter XVII of that Code, with imprisonment for a term of three years or
upwards, is again convicted of any offence punishable under any of those sections
or Chapters with imprisonment for a term of three years or upwards by any Court
other than that of a Magistrate of the second class, such Court may, if it thinks
fit, at the time of passing a sentence of imprisonment on such person, also order
that his residence and any change of, or absence from, such residence after
release be notified as hereinafter provided for a term not exceeding five years
from the date of the expiration of such sentence.

 (2) The provisions of sub- section (1) with reference to the offences named
therein, apply also to criminal conspiracies to commit such offences and to the
abetment of such offences and attempts to commit them.
 If such conviction is set aside on appeal or otherwise, such order shall become
void.
 (4) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
 (5) The State Government may, by notification, make rules to carry out the
provisions of this section relating to the notification of residence or change of, or
absence from, residence by released convicts.
 (6) Such rules may provide for punishment for the breach thereof and any person
charged with a breach of any such rule may be tried by a Magistrate of competent
jurisdiction in the district in which the place last notified by him as his place of
residence is situated.
 357. Order to pay compensation.(1) When a Court imposes a sentence of fine or a
sentence (including a sentence of death) of which fine forms a part, the Court
may, when passing judgment, order the whole or any part of the fine recovered to
be applied-(a) in defraying the expenses properly incurred in the prosecution;
 (b) in the payment to any person of compensation for any loss or injury caused by
the offence, when compensation is, in the opinion of the Court, recoverable by
such person in a Civil Court;
 (c) when any person is convicted of any offence for having caused the death of
another person or of having abetted the commission of such an offence, in paying
compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of
1855 ), entitled to recover damages from the person sentenced for the loss
resulting to them from such death;
 (d) when any person is convicted of any offence which includes theft, criminal
misappropriation, criminal breach of trust, or cheating, or of having dishonestly
received or retained, or of having voluntarily assisted in disposing of, stolen
property knowing or having reason to believe the same to be stolen, in
compensating any bona fide purchaser of such property for the loss of the same if
such property is restored to the possession of the person entitled thereto.
 (2) If the fine is imposed in a case which is subject to appeal, no such payment
shall be made before the period allowed for presenting the appeal has elapsed,
or, if an appeal be presented, before the decision of the appeal.
 (3) When a Court imposes a sentence, of which fine does not form a part, the
Court may, when passing judgment, order the accused person to pay, by way of
compensation, such amount as may be specified in the order to the person who
has suffered any loss or injury by reason of the act for which the accused person
has been so sentenced.
 (4) An order under this section may also be made by an Appellate Court or by the
High Court or Court of Session when exercising its powers of revision.
 (5) At the time of awarding compensation in any subsequent civil suit relating to
the same matter, the Court shall take into account any sum paid or recovered as
compensation under this section.
 Cases
 Manish Jalan v. State of Karnatka,
 The quantum of compensation under this section is to be determined by taking
into consideration the nature of the crime, injury suffered and the capacity of the
convict to pay compensation. But the amount of conmpensation has to be
reasonable.
 Mangilal v. State of Madhya Pradesh, 2004
 Section 357 imposes a discretion on the Court to order as to how the whole or any
part of the fine recovered is to be applied. Sub section 1 is applied when a fine is
imposed while sub section 3 comes into picture when no fine is imposed. The
basic difference between these 2 sub sections is that for (1) imposition of fine is
essential while for (3) even in the absence of fine the court can order to pay
compensation.
 357A Victim Compensation Scheme (Added by 2009 Amendment)
 The State government in co-ordination with Central Government shall prepare a
scheme for providing funds for the purpose compensation to the victim r his
dependents who have suffered loss or injury as a result of the crime and who
require rehabilitation.
 357B Inserted in 2013
 Additional Compensation for offences under IPC Sec 326A & 376D in addition to
compensation under Sec 357A of Crpc.
 357C
 For offences under IPC 326A, 376, 376A, 376B, 376C & 376D the local bodies or
hospitals shall provide medical first aid free of cost and inform the police.s
 358. Compensation to persons groundlessly arrested.
 (1) Whenever any person causes a police officer to arrest another person, if it
appears to the Magistrate by whom the case is heard that there was no sufficient
ground for causing such arrest, the Magistrate may award such compensation,
not exceeding one hundred rupees, to be paid by the person so causing the arrest
to the person so arrested, for his loss of time and expenses in the matter, as the
Magistrate thinks fit.
 (2) In such cases, if more persons than one are arrested, the Magistrate may, in
like manner, award to each of them such compensation, not exceeding one
hundred rupees, as such Magistrate thinks fit.
 (3) All compensation awarded under this section may be recovered as if it were a
fine, and, if it cannot be so recovered, the person by whom it is payable shall be
sentenced to simple imprisonment for such term not exceeding thirty days as the
Magistrate directs, unless such sum is sooner paid.
 Two essential elemts:
 i.One person must have caused a police officer to arrest another person.
 ii. The magistrate by whom the case against the arrested person is heard must
be of the opinion that there was no sufficient ground for causing arrest of the
person.
 Case Law Pramod Kumar v. Golekha, 1986
 It was held that a show cause notice must be given to informant before directing
him to pay compensation to accused for latter’s groundless arrest under Section
358. Thus there must be a direct nexus between informant and arrest that is
made.
 360. Order to release on probation of good conduct or after admonition.(1) When
any person not under twenty- one years of age is convicted of an offence
punishable with fine only or with imprisonment for a term of seven years or less, or
when any person under twenty- one years of age or any woman is- convicted of an
offence not punishable with death or imprisonment for life, and no previous
conviction is proved against the offender, if it appears to the Court before which he
is convicted, regard being had to the age, character or antecedents of the
offender, and to the circumstances in which the offence was committed, that it is
expedient that the offender should be released on probation of good conduct, the
Court may, instead of sentencing him at once to any punishment, direct that he be
released on his entering into a bond with or without sureties, to appear and receive
sentence when called upon during such period (not exceeding three years) as the
Court may direct and in the meantime to keep the peace and be of good behaviour:
Provided that where any first offender is convicted by a Magistrate of the second
class not specially empowered by the High Court, and the Magistrate is of opinion
that the powers conferred by this section should be exercised, he shall record his
opinion to that effect, and submit the proceedings to a Magistrate of the first class,
forwarding the accused to, or taking bail for his appearance before, such
Magistrate, who shall dispose of the case in the manner provided by sub- section
(2).
 Applicable on
 1. Person below 21 years of Age convicted of an offence with less than 7 years
imprisonment or fine only.
 2.Person below 21 or any women convicted of an offence not punishable with
death or life imprisonment and it is their fast conviction.
 Opinion of magistrate regarding circumstances.
 May be released on probation or called from time to time to keep peace and good
behavior.
 Cases
 Somabhai v. State of Gujarat, 1989
 Death of a girl aged 10 years was caused by the accused by negligent driving.
There were no mitigating circumstances and hence probation was not allowed.
 Channi v. State of UP, 2006.
 Regarding the overlapping of CRPC section 360 & Probation of offenders act the
Supreme Court held that where the P.O.F Act is applicable, Section 360 of Crpc
would not apply. Section 360 only applies to a person under 21 years and a
women while the scope of Section 4 of P.O.F. act is much wider and includes all.
 Sanjay Dutt got benefit of Probation of Offenders Act.
 Section 360(3) gives power to magistrate to release a first offender after due
admonition if:
 A person is convicted of theft in a building, dishonest misappropriation,
cheating or any offence under the Indian Penal Code punishable with maximum
2 yrs imprisonment.No previous conviction against such person.
 The opinion of the court.
 Court must take into consideration age, character, physical and mental
condition of the offender.
 Section 362. No alteration of judgment only except in cases of clerical or
arithmetical error.
 In Ram Ishwar v. State of Bihar a person was convicted even though he was
dead. It was held to be a clerical error due to lack on information and hence
judgment was liable to be altered.
 Section 366. After the Court of session passes an order of death sentence the
same needs to be confirmed by the High Court. The convict shall be sent to jail
custody under a warrant.
 Cases.
 N. Sreeramulu v. State of Andhra Pradesh, 1973
 It was held that the High Court has to perform an independent duty under this
section and shouldn’t be blindly content with the trial court’s decision on the
death sentence.

 Smt. Triveniben v.State of Gujarat,

 The accused of death sentence must be kept in jail for making himself available
for execution of the sentence as and when the situation arises. It doesn’t amount
to punishment of imprisonment and doesn’t violate Article 20 of the constitution.
 Duty of High Court Section 368.
 High Court may,
 Confirm the sentence or pass any other sentence warranted by law
 May annul the conviction and convict the accused of any offence of which the
Court of Session might have convicted him or a new trial on the same or
amended charge.
 May acquit the accused person.
 The High Court must not only see whether the order passed by the Sessions
court is correct but it is under obligation to examine the entire evidence for
itself. Subhas v. State of UP, 1976