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CRIMINAL PROCEDURE PROCEDURE CODE
MODES OF PRONOUNCING JUDGMENT (S.353) Presented to – Ms. A!!"#$reet
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S%&'tted to DR.SANGITA +,ALLA
S%&'tted &* Prne Sn-!
DIRECTOR UILS P.U P.U
+.A L.L.+ (,ons)
UILS PU
Seton – + /012( 5t!se' )
PREFACE I feel great pleasure in presenting the project under study. I hope that the readers will nd the project interesting and that the project in its present from shall be well received by all. The project contains the explanation and analysis relating to Section 304-B, Indian Penal Code, 1860 under the IP. !very e"ort is made to #eep the project error free. I would gratefully ac#nowledge the suggestions to improve the project to ma#e it more useful.
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AC4NOLEDGMENT %e have been taught the subject of I&'I(& P!&() *'! by our +espected )ecturer, '+. Pushpender -aur ann who helped us all through in the accomplishment of this project. *ur sincerely than#s to the +espected )ecturer, who helped us to gather the various sources which we could give nal shape to the topic under study. /he not only provided us a platform to compile but also guided us at all levels. %e, also than# the members of the library sta" and computer section for the cooperation in ma#ing available the boo#s and accessing the internet even during their free time. %e hope that the project in its present form shall be received by all.
Prince /heo#and
Pronouncement of judgment under CRPC /ections Included Introduction to 2udgemnt 3...................................................................................... $ 4orm of judgment ................................................................................................... eaning and object of judgment .......................................................................... 5 2udgment under the code, 165777777777777777777777777777777777777777 78 .............................................................................................................................. 6 (nalysis of various terms used in /. 09 :77777777777777777777777777777
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'i"ernce between /tridhan and 'owry ................................................................1; )atest ase )aws ..............................................................................................18 'evinder /ingh and *rs vs /tate ofPunjab ........................................................16 +ajinder /ingh vs /tate of Punjab ........................................................................$0 +ajesh :hatnagar vs /tate of
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JUDGMENT In Law, a 6%d-'ent is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular Court rder. !he phrase "reasons for #udgment" is often used interchangeably with "#udgment," although the former refers to the court's #ustification of its #udgment while the latter refers to the final court order regarding the rights and liabilities of the parties. $s the main legal systems of the world recogni%e either a common law, statutory, or constitutional duty to provide reasons for a #udgment, drawing a distinction between "#udgment" and "reasons for #udgment" may be unnecessary in most circumstances.
FORM OF JUDGMENT $ #udgment may be provided either in written or oral form depending on the circumstances.& ral #udgments are often provided at the conclusion of a hearing and are freuently used by courts with heavier caseloads ( or where a #udgment must be rendered uickly. )ritten reasons for #udgment are often provided in circumstances where a complex decision must be made, where the matter is likely to be appealed, or where the decision is considered to be of some significant importance to members of the legal community and*or the public at large. )ritten reasons for #udgment are not generally provided immediately.
1
Roman N Komar, Reasons for Judgment: A Handbook for Judges and Other Judicial Officers 8 (Butterworth & Co. Ltd.
1980
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Ibid
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TYPES OF JUDGMENT !ypes of #udgments can be distinguished on a number of grounds, including the procedures the parties must follow to obtain the #udgment, the issues the court will consider before rendering the #udgment, and the effect of the #udgment. Judgments that vary from a standard #udgment on the merits of a case include the following+ •
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Consent Judgment+ also referred to as an "agreed #udgment," a consent #udgment is a settlement agreed upon by the parties and authori%ed by a #udge. Consent #udgments are often used in the regulatory context, particularly in antitrust and environmental cases. eclaratory Judgment+ a #udgment that determines the rights and liabilities of the parties without enforcing a #udgment or otherwise reuiring the parties to do anything. / $ declaratory #udgment may be useful where the parties have differing views about their rights and duties or are wishing to clarify them
Black’s Law Dictionar 970 (10th ed. 2014).
Robert B. Be, Regulation b !onsent Decree, 27 !nt"tru#t 7$ at 7$ (2011%2012).
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without seeking any other remedy. It has been suggested, at least in the 0nited 1tates, that a declaratory #udgment is a "milder" form of an in#unction order because it clarifies the parties' rights without actually directing the parties to do anything. !hough a declaratory #udgment is not binding, it is expected that the parties will act in accordance with what the court determines in its #udgment.
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efault Judgment+ a #udgment rendered in favour of one party based on the other party's failure to take action. efault #udgments are commonly used where the defendant fails to appear before the court or submit a defence after being summoned. $ default #udgment grants the relief reuested by the appearing party and does not reuire extensive factual or legal analysis fr om the court.
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Interlocutory Judgment+ an intermediate or interim #udgment providing a temporary decision on an issue that reuires timely action. Interlocutory orders are not final and may either not be sub#ect to appeal or may follow a different appeal procedure than other kinds of #udgments.
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•
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2eserved Judgment+ a #udgment that is not given immediately after the conclusion of the hearing or trial. $ reserved #udgment may be released days, weeks, or even months after the hearing. 3 In the 0nited 1tates, a reserved #udgment is sometimes annotated in law reports by the Latin phrase "Cur. adv. vult." or "c.a.v." C02I$ $4I152$ , "the court wishes to be advised"6. 1ummary Judgment+ an accelerated #udgment that does not reuire a trial and in which the court's interpretation of the pleadings forms the basis of the #udgment. 7or a summary #udgment, the court will consider "the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law." 8 Black’s Law Dictionar 971 (10th ed. 2014).
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'amue L Bra, "he #th of the #ild Declarator Judgment , $ u*e L.+. 1091 at 109$ (2014).
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he Court# o- Br"t"#h Coumb"a 'u/reme Court, About Judgments (La#t ae##ed arh 28,
201), htt/33www.ourt#.o5.b.a3#u/reme6ourt3about6udment#.a#/
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Black’s Law Dictionar 4 (10th ed. 2014).
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4acated Judgment+ a #udgment of an appellate court whereby the #udgment under review is set aside and a new trial is ordered. $ vacated #udgment is rendered where the original #udgment failed to make an order in accordance with the law and a new trial is ordered to ensure a #ust outcome. !he process of vacating a #udgment is sometimes referred to as vacatur. !he result of a vacated #udgment is a trial de novo.
When it comes to legal contexts, English reerence so!rces sa" #ar"ing things$ %ost seem to agree that judgment is &reerred in legal contexts e#en in British English, and some sa" that 'merican and British English di(er in their strict legal meanings o judgment$ Br"an )arner, in his Modern American Uage , sa"s judgment in 'merican English reers to *the +nal decisi#e act o a co!rt in de+ning the rights o the &arties, hereas, he rites, the ord in British English reers to a .!dicial o&inion$ We +nd nothing to contradict this, tho!gh there are man" English reerence so!rces that do not mention a legal/nonlegal distinction or an 'merican/British distinction$
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MEAN!NG AND O"JECT OF JUDGMENT !he main functions of a Criminal court are two fold +9 to decide as to the t guilt or innocence of the accused person tried before it: and (6 if such person is found guilty of any offence, to determine as to appropriate punishment or other method of dealing with him . In every trial , irrespective of its nature, the court will have to give a #udgment in the case at the conclusion . !he #udgment is the final decision of the court , given with reasons, on the uestion of the guilt or innocence of the accused . It also includes the court's decision as to the punishment the guilty person has to suffer , or as to the conditions sub#ect to which the offender released without being punished as such ;. !he present pro#ect proposes to deal elaborately with different aspects of #udgment. 7or the sake of clarity and better analysis of the sub#ect9mattter, the pro#ect has been divided into six parts.
6 +.v -el#ar , )ectures on crpc , $0 th edition , para 91, pg9 =0$
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JUDGMENT UNDER T#E CODE $ %&'( /ection ; 9 &.
!he #udgment in every trial in any Criminal Court of original #urisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subseuent time of which notice shall be given to the parties or their pleaders, a. by delivering the whole of the #udgment: or b. by reading out the whole of the #udgment+ or c. by reading out the operative part of the #udgment and explaining the substance of the #udgment in a language which is understood by the accused or his pleader. (. )here the #udgment is delivered under clause a6 of 1ub91ection >&6, the presiding officer shall cause it to be taken down in short9hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the #udgment in open Court. . )here the #udgment or the operative part thereof is read out under clause b6 or clause c6 of 1ub91ection >&6, as the case may be, it shall be dated and signed by the presiding officer in open Court and if it is not written with his own hand, every page of the #udgment shall be signed by him. -. )here the #udgment is pronounced in the manner specified in clause c6 of 1ub9 1ection >&6, the whole #udgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost. /. If the accused is in custody, he shall be brought up to hear the #udgment pronounced. ?. If the accused is not in custody, he shall be reuired by the Court to attend to hear the #udgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acuitted+ Pro7ded that, where there are more accused than one, and one or more of them do not attend the Court on the date on which the #udgment is to be pronounced, the
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presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the #udgment notwithstanding their absence. 3. @o #udgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, 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. 8. @othing in this section shall be construed to limit in any way the extent of the provisions of section -?/.
FORM AND CONTENTS OF JUDGMENT )anguage and content of judgment * &.
5xcept as otherwise expressly provided by this Code, every #udgment referred to in section /, a. s!"## be written in the language of the Court: The word "shall in the above provision indicates that it is mandatory however, the provision in Section 364 for translation of the judment !"where the oriinal is recorded in different lanuae that of court "would suest that the judment need not necessarily be written in the lanuae of the court. nder the Criminal #rocedure code,$%&% judments were allowed to be written and were in fact written in enlish, now under the above provision in the new Code, thouh it is obliatory to write judments in the court lanuae, the old practice of writin judments in 'nlish almost continues to remain unaffected. 'very judment shall contain the point or points for determination, the decision thereon and the reasons for the decision. Section 3(4)*+ )b+ sually the judment in a criminal case should commence with statement of facts in respect of which the accused person is chared. The judment should indicate a careful analysis and appraisement of the evidence while reachin the conclusions reardin the proof of facts . *t is the bounden duty of the aistrate to produce judment in a in a case comin before him which is self-contained and which
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would that he has intelliently applied his mind to the facts of the case and the evidence led therein by the respective parties and a criticism of this evidence justifyin the conclusion to which the aistrate feels persuaded come . The Supreme Court has also from time to time directed that all orders passed by the courts should be speain orders ivin reasons for the decision after notin the point at issue. This rule applies to judments on rant of bail also./ b.
shall contain the point or points for determination, the decision thereon and the reasons for the decision: c. shall specify the offence >if any6 of which, and the section of the Indian -/ of &8?A6 or other law under which, the accused is convicted and the punishment to which he is sentenced: d. if it be a #udgment of acuittal, shall state the offence of which the accused is acuitted and direct that he be set at liberty. (. )hen the conviction is under the Indian -/ of &8?A6 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 #udgment in the alternative. . )hen the conviction is for an offence punishable with dealt or, in the alternative, with imprisonment for life or imprisonment for a term of years, the #udgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. -. )hen 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 ease was tried summarily under the provisions of this Code. /. )hen any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. ?. 5very order under section &&3 or 1ub91ection >(6 of section &8 and every final order made under section &(/, section &-/ or section &-3 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
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SECT!ON (+' , ORDER TO PAY COMPENSAT!ON &.
)hen a Court imposes a sentence of fine or a sentence >including a sentence of death6 of which fine forms a part, the Court may, when passing #udgment order the whole or any part of the fine recovered to be applied9 a. in defraying the expenses properly incurred in the prosecution: b. in the payment to any person of compensation for any loss or in#ury 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 7atal $ccidents $ct, &8// >& of &8//6, 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. (. If the fine is imposed in a case which is sub#ect 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. . )hen a Court imposes a sentence, of which fine does not form a part, the Court may, when passing #udgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has
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suffered any loss or in#ury by reason of the act for which the accused person has been so sentenced. -. $n order under this section may also be made by an $ppellate Court or by the Bigh Court or Court of 1ession when exercising its powers of revision. /. $t the time of awarding compensation in any subseuent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.
Section (+'A , -ictim com.enation c/eme 1.
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!very /tate >overnment in co9ordination with the entral >overnment shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have su"ered loss or injury as a result of the crime and who, re?uire rehabilitation. %henever a recommendation is made by the ourt for compensation, the 'istrict )egal /ervice (uthority or the /tate )egal /ervice (uthority, as the case may be, shall decide the ?uantum of compensation to be awarded under the scheme referred to in sub9 section @1A If the trial ourt, at the conclusion of the trial, is satised, that the compensation awarded under section ;5 is not ade?uate for such rehabilitation, or where the cases end in ac?uittal or discharge and the victim has to be rehabilitated, it may ma#e recommendation for compensation. %here the o"ender is not traced or identied, but the victim is identied, and where no trial ta#es place, the victim or his dependents may ma#e an application to the /tate or the 'istrict )egal /ervices (uthority for award of compensation. *n receipt of such recommendations or on the application under sub9section @A, the /tate or the 'istrict )egal /ervices (uthority shall, after due en?uiry award ade?uate compensation by completing the en?uiry within two months.
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The /tate or the 'istrict )egal /ervices (uthority, as the case may be, to alleviate the su"ering of the victim, may order for immediate rst9aid facility or medical benets to be made available free of cost on the certicate of the police oBcer not below the ran# of the oBcer incharge of the police station or a agistrate of the area concerned, or any other interim relief as the appropriate authority deems t.
SECT!ON (+'" , COMPENSAT!ON TO "E !N ADD!T!ON TO F!NE UNDER SECT!ON (01A OR SECT!ON ('1D OF !ND!AN PENA) CODE%2 !he compensation payable by the 1tate overnment under section /3$ shall be in addition to the payment of fine to the victim under section (?$ or section 3?A of the Indian
COMPENSAT!ON TO PERSONS GROUND)ESS)Y ARRESTED &.
)henever any person causes a police officer to arrest another person, if it appears to the Dagistrate by whom the case is heard that there was no sufficient ground of causing such arrest, the Dagistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to
10 riminal )aw @(mendmentA (ct, $01
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the person so arrested, for his loss of time and expenses in the matter, as the Dagistrate thinks fit. (. In such cases, if more persons than one are arrested, the Dagistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Dagistrate thinks fit. . $ll 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 Dagistrate directs, unless such sum is sooner paid.
SUCCESSFU) COMP)A!NT TO GET COSTS !N NON COGN!3A")E CASES %% Section (+& $ CrPc &.
)henever any complaint of a non9cogni%able offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in pan, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process9fees witnesses and pleaderEs fees which the Court may consider reasonable. (. $n order under this section may also be made by an $ppellate Court or by the Bigh Court or Court of 1ession when exercising its powers of revision.
11 /ection ;6 , rPc
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JUDGMENT !N A"R!DGED FORMS Instead of recording the #udgment in usual manner provided by section /- as the #udgment given by metroplotian magistrates or in summary trials are reuired to be recorded in specified abridged forms .
/ection ;; 39 @IA ( metropolitan magistrate shall record following particulars while giving a judgment.
@aA the serial number of the case C @bA the date of commission of o"ence C @cA the name of complainant @if anyA C @dA the name of the accused persons and his parentage and residenceC @eA the o"ence complained of or proved C
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@fA the plea of the accused and his examination @if anyA C @gA the nal order @hA the date of such order C @iA in all cases in which an appeal lies from the nal order either under section 5 or under section 5 @A , a brief statement of reasons for the decision.
POST CON-!CT!ON D!)EMMA $s observed by the supreme court , guilt once stabhlised the punitive dilemma begins .&(!he code provides in every trial when the accused is proved guilty and convicted , the court shall proceed to pass sentence on him.
1$ !diga annamma vs state of (.P ,@165A /
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!his mandatory rule has two exceptions of one is rather technical or formal in nature. !he exceptions are + >I6 In trials of warrant cases and summon cases , whenever a magistrate is of opinion after hearing the evidence, that the accused is guilty and that he ought to receive punishment different in kind from , or more severe than , that which such magistrate is empowered to inflict , he may record the opinion and submit his proceedings to the Chief Judicial Dagistrate. !he chief #udicial magistrate then shall proceed to pass such #udgment , sentence or order in the case as he thinks fit. &!his not only exception because the provision only enables to get post conviction orders passed by court of wider competence or authority. (6 In case where court thinks desirable to proceed in accordance with the provision of section F ?A , the court may , having regard to the age , character or antecedents or physical or mental condition of the offender and to the circumstances in which the offence was committed , instead of sentencing an accused person to punishment , release him after admonition on probation of good conduct. $CC2I@ ! 1.?A
PRONOUNCEMENT OF JUDGMENT !he #udgment of trial court represents the final episode in the trial of the accused. $ #udgment in this context is the final decision of the court intimated to parties and
1 /$;@$A , $8@$A
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the world at large by formal G
&* de#7ern- t!e :!o#e o8 t!e 6%d-'ent; or &* re"dn- o%t t!e :!o#e o8 t!e 6%d-'ent< or &* re"dn- o%t t!e o$er"t7e $"rt o8 t!e 6%d-'ent "nd e=$#"nnt!e s%&st"ne o8 t!e 6%d-'ent n " #"n-%"-e :!! s %nderstood &* t!e "%sed or !s $#e"der. >. !ere t!e 6%d-'ent s de#7ered %nder #"%se ") o8 S%&Seton (2) t!e $resdn- o88er s!"## "%se t to &e t"?en do:n n s!ort!"nd s-n t!e tr"nsr$t "nd e7er* $"-e t!ereo8 "s soon "s t s '"de re"d* "nd :rte on t t!e d"te o8 t!e de#7er* o8 t!e 6%d-'ent n o$en Co%rt. 3. !ere t!e 6%d-'ent or t!e o$er"t7e $"rt t!ereo8 s re"d o%t %nder #"%se &) or #"%se ) o8 S%&Seton (2) "s t!e "se '"* &e t s!"## &e d"ted "nd s-ned &* t!e $resdn- o88er n o$en Co%rt "nd 8 t s not :rtten :t! !s o:n !"nd e7er* $"-e o8 t!e 6%d-'ent s!"## &e s-ned &* !'. . !ere t!e 6%d-'ent s $rono%ned n t!e '"nner s$e8ed n #"%se ) o8 S%&Seton (2) t!e :!o#e 6%d-'ent or " o$* t!ereo8 s!"## &e ''ed"te#* '"de "7"#"&#e 8or t!e $er%s"# o8 t!e $"rtes or t!er $#e"ders 8ree o8 ost. 5. I8 t!e "%sed s n %stod* !e s!"## &e &ro%-!t %$ to !e"r t!e 6%d-'ent $rono%ned. 0. I8 t!e "%sed s not n %stod* !e s!"## &e re9%red &* t!e Co%rt to "ttend to !e"r t!e 6%d-'ent $rono%ned e=e$t :!ere !s $erson"# "ttend"ne d%rn- t!e tr"# !"s &een ds$ensed :t! "nd t!e sentene s one o8 8ne on#* or !e s "9%tted<
1 I?bal ismail soodwala v. state of maharashtra @165;A / 0
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&6 only means after the entire evidence both on behalf of prosecution and defendants is recorded and arguments are heard. It cannot, however , be said that the trial in criminal case comes to an end as soon as the evidence is recorded and that the ultimate #udgment pronounced in a case forms no part of a trial. )hen the #udgment is pronounced by delivering the whole of it in open court under clause >a6 of sub section >&6 above , the presiding officer is reuired by sub section >(6 to cause it to be taken down in shorthand and to sign the transcript and every page thereof as soon as it is made ready and to write on it the date of delivery of #udgment in open court. $s section ? reuires that where the #udgment is appealable by the accused he is given certified copy of #udgment free of cost without delay. =ut if supply of copy of #udgment is delayed inordinately because of the delay in the preparation of transcript as mentioned in sub section >(6 , the conseuence would inevitably be that the accused would not be not able to file appeal and obtain an order from the appellate court for his release on bail within reasonable time even though it be a fit case for his release on bail. 1econdly, another result of the above delay could be that the convicted person who is sentenced person who is sentenced to undergo imprisonment for a short period would go undergo imprisonment for long time by the time #udgment copy is not
1; 1680 ri )2 8;8 @bomA
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delivered to him. !he right of appeal for such a convicted person would be thus rendered illusory even though he may had a good arguable case in appeal. &? !his would indicate the necessity of prompt and expeditious transcription when the #udgment is delivered in open court under clause >a6 of sub section >&6 !he supreme court has rightly disapproved the practice of some #udges deleivering #udgments after several months since completion of hearing. !he court has correctly perceived it to be violation of speedy trial , a right enshrined in $rticle (& of constitution of India. &3 )here a #udgment or the operative part thereof is read out under clause >b6 or clause >c6 of sub section >&6 , shall be dated and signed by the presiding officer in open court . 1. / >6 Bowever any defect or irregularity in such dating and signing can be cured by section -?/. In this connection the supreme court has observed + 1mall irregularities in the manner of pronouncement or the mode of delivery do not matter but the substance of the thing must be there + that can neither be blurred not left to inference and con#ecture nor it can be vague. $ll the rest the manner in which it is to be recorded , the way in which is to be authenticated , the signing and sealing , all the rules designed to secure certainty about its content and matter F can be cured + but not the hard core , namely , the formal intimation of the decision and its contents formally declared in #udicial way in an open court. !he exact way in which it is done does not matter. In some courts #udgment is delivered orally or read out , in some only the operative is pronounced , in some the #udgment is merely signed after giving notice to the parties and laying the draft on the table for a given number of days for inspection. )here the case in the high court was heard by a bench of two #udges and #udgment was signed by both of them but delivered in court by one after the death
1= I?bal Ismail soodewala v. state of aharashtra 165; , / 10 15 (nil +ai v. /tate of :ihar , @$001A 5 / 183$001
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of another , it was held there was no valid #udgment and that the case should be reheard. &8 In 2indeshwari #rasad sinh v. ali Sinh &; uestion arose where a sessions #udge could pronounce the #udgments passed by one #udge in two cases on an earlier day but handed over to him after two weeks , has come up for decision. !he Herala Bigh court answered the decision in affirmative saying that the subordinate courts are also having what could be called auxillary powers to do what is necessary for dispensation of #ustice , even in the absence of specific provision if there is no prohibition. In this connection it may however be pertinent to note that the supreme court has categorically stated that there is no inherent power with the subordinate courts. In ohd. asoom v.nion of *ndia (Ait was held that when the court announces its decision on one day and delivers itEs reason on another day , the reasons must bear the date on which they are made known in open court. !his has been practice of supreme court. !his is also the practice of privy council. It is uite evident from sub sections / and ? that it is duty of the trial court to secure the attendance of the accused in the court at the time delivering #udgment of conviction by which the accused is sentenced to a substantive sentence of imprisonment. Bowever in order to avoid undue delay in disposal of case in which there are two or more accused persons , the court can pronounce the #udgment in the absence of any of the accused persons the circumstances mentioned in the proviso to sub section >?6 above.
18 /ection =; , rPc 16 1651 I / ;531651 $0 1656 rlj =;, =8 @delA
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CONC)US!ON $fter perusing all the ingredients of 1.A- =, one can safely conclude that this provision virtually encompasses 1.-;8$ of the I
(&
+eport of the 2oint ommittee of Parliament ?uoted the observations of 2awaharlal &ehru to indicate the role of legislation
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/ee (sho# -umar v. /tate of +ajasthan 16609@/$A9>2D 908$ E/C (I+ 1660 / $1
$;
7or better results a publicity drive should also be started to inform people at every level about the nature of legal control of dowry. $ ma#or thrust to enforcement schemes should also be given. $wakening of the collective consciousness is the need of the day. It also seems that once education and economic independence for women are achieved, the evil of dowry would vanish itself. $ social movement of educating women of their rights particularly in rural areas is needed. Courts have to assume a greater responsibility and it is expected that the courts would deal with such cases in a more realistic manner and would not allow the criminals to escape on account or procedural technicalities. (
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-undula :ala /ubrahmanyam and (nother v. /tate of (ndhra Pradesh, 1669@/$A9>2D 90$; E/C 166 +)2 1=; @/A.
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