JUDGEMENT
Judgement is a final decision of the court, given with the reasons on the question of the guilt
or innocence of the accused person. It also includes the decision of the court as to the
punishment of the guilt which a person has to suffer, or as to the conditions subject to which
the offender is to be released without being punished as such.
FORM & CONTENT OF JUDGEMENT
1] Section 354(1)(a) of the Code of Criminal Procedure, 1973 states a judgement must be
written in the language of the court. The language of the court will be determined by the state
government. However, where the judgement is not written in the language of the court, then it
suggests that the judgement not necessarily has to be written in the language of the court.
2] Section 354(1)(b) of the Code of Criminal Procedure, 1973 states the Judgement must
contain the point or points of determination, the decision made and the reasons for that
decision. The Judgement in a criminal case starts with the statement of facts in respect of
which the accused is charged. The Judgement must present a careful analysis and
appraisement of the evidence while reaching the conclusion regarding the proof of facts. It is
the duty of the magistrate to produce such a judgement where he has intelligently applied his
mind to the facts of the case and the evidence led has been provided by both the parties and
the criticism made on the evidence justifying the conclusion to which the magistrate feels
persuaded to come.
In the case of Prem Kaur V State of Punjab (2013), the Supreme Court stated that all orders
passed by the courts should be speaking order giving reasons for the decision after noting the
point at issue.
In the case of Registrar General V Doddahanuma (2017), the trial court had framed the
charges and the consequential points for determination but did not answer all the points. The
Karnataka High Court held that the judgement cannot be sustained in view of non-application
of the mind.
It is the duty of the court to analyse and discuss the evidence in its own judgement. Every
piece of evidence must be considered and assessed on its own merits and then be accepted or
be rejected. The testimony of the witnesses will depend on the various situations. In the case
of Suraj Mal V State (1979), the witness had made two inconsistent statements in their
evidence either at one stage or two stages, the testimony of such witnesses is considered as
unreliable and unworthy of being credential and in the absence of any special circumstances,
no conviction will be based on the evidence of such witnesses.
3] Section 354(1)(c) of the Code of Criminal Procedure, 1973 states that every judgement
must specify the offence for which and the section of the IPC, 1860 or any other law under
which the accused is convicted and the punishment for which he is convicted.
4] Section 354(1)(d) of the Code of Criminal Procedure, 1973 states if there is a judgement
of acquittal, it should specify the offence under which he is acquitted and direct that he must
be put at liberty.
The Judgement given by the Metropolitan Magistrates or in summary trials are required to
give a judgement in a specified abridged form. The Metropolitan Judge has to record the
following particulars while giving a judgement-
1] The serial number of the case
2] The date of commission of the offence
3] The name of complainant
4] The name of accused person, his parentage and address
5] The offence complained of or proved
6] The plea of the accused and his examination
7] The final order
8] The date of such order
5] Under Section 355 of the Code of Criminal Procedure, 1973, a brief statement of the
reasons for his decision in all the cases where the appeal lies under Section 373 or under
Section 374(3). The appeal under Section 373 deals with the appeals from the order requiring
security or refusal to accept or reject surety for keeping peace or good behaviour. The appeal
under Section 374(3) deals with the appeals by persons convicted on a trial held by a
Metropolitan magistrate.
