Code:
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.
Explain it:
This section outlines the procedure a Magistrate must follow when delivering a judgment in a criminal case. It covers the following aspects:
- Pronouncement of Judgment: The Magistrate must pronounce the judgment in open court, in the presence of the accused and their legal representative (if any).
- Contents of the Judgment: The judgment should include:
- A concise statement of the reasons for the decision (acquittal or conviction).
- A summary of the evidence considered.
- The points for and against the accused.
- If convicted, the punishment awarded.
- If acquitted, the reasons for the acquittal.
- Recording of Judgment: The judgment must be recorded in writing and signed by the Magistrate.
- Copy of Judgment: A copy of the judgment should be given to the accused and the prosecution.
Illustrate it:
Imagine a case where a person is accused of theft. After hearing the evidence presented by both the prosecution and the defense, the Magistrate finds the accused not guilty. In this case, the Magistrate would pronounce a judgment of acquittal, explaining the reasons for the decision, summarizing the evidence, and stating the points for and against the accused. This judgment would be recorded in writing and a copy provided to the accused and the prosecution.
Common Questions and Answers:
Q: What happens if the Magistrate fails to pronounce the judgment in open court?
A: This would be a procedural irregularity, and the accused could challenge the judgment on this ground.
Q: Can the Magistrate deliver a judgment orally?
A: No, the judgment must be recorded in writing as per Section 235 of the CrPC.
Q: Can the accused appeal against a judgment of acquittal?
A: No, generally, the prosecution cannot appeal against an acquittal. However, there are exceptions to this rule.
