The Code of Criminal Procedure, 1973
ARRANGEMENT OF SECTIONS
CHAPTER XVIII: TRIAL BEFORE A COURT OF SESSION
Section 235: Judgment of acquittal or conviction.
Bare Act
(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.
Simplified Act
(1) After listening to the arguments and legal points (if there are any), the Judge will make a decision in the case.
(2) If the person accused of the crime is found guilty, the Jud… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Scenario: Rajesh is accused of theft and is being tried in a Sessions Court.
Process:
- Hearing Arguments: The prosecution presents evidence and arguments that Rajesh committed the theft. Rajesh's defense lawyer argues that he is innocent and provides counter-evidence.
- Judgment: After considering all the arguments and evidence, the Judge decides that Rajesh is not guilty of the theft.
- Outcome: The Judge announces a judgment of acquittal, meaning Rajesh is free to go as he has been found not guilty.
Example 2:
Scenario: Priya is accused of causing grievous hurt and is being tried in a Sessions Court.
Process:
- Hearing Arguments: The prosecution presents evidence and arguments that Priya caused grievous hurt to the victim. Priya's defense lawyer argues that it was an act of self-defense.
- Judgment: After considering all the arguments and evidence, the Judge decides that Priya is guilty of causing grievous hurt.
- Sentence Hearing: Before passing the sentence, the Judge asks Priya if she has anything to say about the punishment. Priya's lawyer requests leniency, citing her clean record and the circumstances of the case.
- Outcome: The Judge considers the arguments and then passes a sentence according to the law, which could include imprisonment or a fine, depending on the severity of the offense and other factors.
