Jayalalithaa Case - Same day Conviction and Sentence- Bangalore Court or Times of India? Who went wrong?!

The Times of India published on 1st October 2014 carried a report which says that the Bangalore trial court appears to have violated the Supreme Court's mandate by convicting and sentencing former Tamil Nadu Chief Minister J Jayalalithaa on the same day, September 27, in a disproportionate assets case. It relied on a Two Judge Bench Judgment in Allauddin Milan vs State of Bihar [1989 SCC (3) 5] wherein it has been held that "all trial courts, after pronouncing an accused guilty, must adjourn the hearing on quantum of sentence to another day to enable both the convict and the prosecution to present material in support of the quantum of sentence". It is true that Justice Ahmadi while interpreting S.235(2) of Code of Criminal Procedure 1973, held that "as a general rule, the trial courts should after recording the conviction adjourn the matter to a future date and call upon both the prosecution as well as the defence to place the relevant material bearing on the question of sentence before it and thereafter pronounce the sentence to be imposed on the offender."Section 235 of Code of Criminal Procedure 1973 reads as follows:235. Judgment of acquittal or conviction.(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 question of sentence, and then pass sentence on him according to law.In Santa Singh v. State of Punjab, 1976 (4) SCC 190, while dealing with the true scope of S.235(2), Cr. P.C., Supreme Court observed :-"This provision is clear and explicit and does not admit of any doubt. It requires that in every trial before a Court of Sessions, there must first be a decision as to the guilt of the accused. The Court must, in the first instance, deliver a judgment convicting or acquitting the accused. If the accused is acquitted, no further question arises. But if he is convicted, then the Court has to "hear the accused on the question of sentence, and then pass sentence on him according to law". When a judgment is rendered convicting the accused, he is, at that stage, to be given an opportunity to be heard in regard to the sentence and it is only after hearing him that the Court can proceed to pass the sentence."It was a case where the accused was charged for double murder and was represented by a lawyer throughout the trial. On the day judgment was pronounced, the accused was not so represented. The Sessions Judge pronounced the judgment convicting him under S.302, I.P.C. and sentenced him to death without giving any opportunity to him to be heard on the question of sentence. It is on these facts, the Court found that non compliance of S.235(2), Cr. P.C. would make the death sentence unsustainable. It was the same principle which is re-iterated in Allauddin Mian (Supra)In Allauddin Mian the Trial Court recorded the finding of guilt on March 31, 1987 and the accused were asked if they had anything to say on the question of sentence and immediately thereafter the order of death sentence was pronounced. The Supreme Court held that the accused were not given sufficient opportunity to be heard on the question of sentence and, therefore, there was non-compliance of S.235(2), Cr. P.C.Allauddin Mian – A wrong Precedent.Section 309 of Code of Criminal Procedure deals with the power of Courts to postpone or adjourn proceedings. According to Section 309(1) every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded. Section 309(2) says that If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody. In 1978 the Code of Criminal Procedure Code is amended by Act Number 45 of 1978 and a new proviso was added to Section 309(2) which is as follows;"Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him"But in Allauddin Mian, the Supreme Court failed to consider this newly added proviso, which is in direct conflict with the dictum laid down in the Case. In my opinion there is no statutory support to the proposition laid down in Allauddin Mian; instead there is a statutory prohibition in adjourning the matter for hearing on question of sentence. Moreover, both in Santha Singh and in Allauddin Mian the Court was dealing with the imposition of Death Penalty without the accused being properly heard regarding question of...

Jayalalithaa Case - Same day Conviction and Sentence- Bangalore Court or Times of India? Who went wrong?!

M.A.Rashid

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