The Art Of Writing Judgments [Part-II]

Criminal CasesThe general framework of a judgment in a criminal case is substantially similar to a civil case. The judgment must contain (i) the facts asserted by the prosecution and by the accused; (ii) the point or points for determination; and (iii) the decision on the points, with reasons therefor. The judgment in a criminal case must also set out the offence and the section of the Penal Code or other law under which the accused is convicted and must specify the sentence and or the fine imposed, as the case may be. Where the judgment is one of acquittal, the offence in respect of which the acquittal is recorded should be specified, and the judgment should direct that the accused be set at liberty. Where a conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of ten years, the judgment should state the reasons for the sentence awarded; and in case of a sentence of death, special reasons for such sentence must be carefully recorded (Sec.354 Cr.P.C.). The critical judicial process in a criminal case commences with the framing of charges. A charge is intended to inform accurately and with certainty, the exact nature of the offence of which an accused is charged. He is entitled to be informed precisely what act he is alleged to have committed and under what provisions of the Penal Code or other law he is culpable. The charge should include: (i) A statement of offence(s) with which the accused is charged [Sec.211(1) Cr.P.C.]; (ii) If the law that creates that offence gives such offence a specific nomenclature, that name [Sec.211(2) Cr. P.C.]; (iii) If the offence is not given any specific nomenclature, so much of the definition of the offence as to give the accused notice of the offence of which he is charged [Sec. 211(3) Cr. P.C.]; (iv) The law and the specific provision under which the offence is alleged to have been committed [Sec.211(4)Cr. P.C.]; (v) Particulars of the time and place of the alleged offence and the person(s) (if any) against whom or the thing (if any) in respect of which, it was committed [Sec. 212(1)Cr.P.C]; and (vi) If the particulars mentioned above do not, in your view, provide the accused sufficient notice of the matter in respect of which he is charged, such particulars of the manner in which the alleged offence was committed as would be sufficient for that purpose [Sec. 213 Cr.P.C.]. In framing the charge, all necessary allegations and important aspects must be included, except those which are not necessary for the prosecution to prove. The charge should be precise and complete and should include particulars of all acts done and the law infringed. Expressions such as “etc” must be clearly avoided. The Judgment: A judgment must commence with the narration of facts pointing towards the offence(s) in respect of which the accused is charged and tried. The opening part of the judgment may also indicate whether the accused is prosecuted by the police or tried pursuant to a private complaint. Thereafter, the facts leading to the prosecution should be stated succinctly; but in sufficient detail to disclose the case of the prosecution. You should thereafter state whether the accused did or did not plead guilty and later set out, in brief, the facts offered by or on behalf of the accused as to indicate the case of the defence, where one is pleaded. Before proceeding to discuss the evidence, the points of determination in the case should be set out. It would involve, to an extent, an analysis of the facts alleged by the prosecution and the defence if any, and the charges framed. The points for determination should be formulated so as to give a clear impression that nothing material has been overlooked. Reasons and Analysis: In criminal, as in civil cases, reasons must be recorded for findings. The absence of reasons renders the conviction invalid and the judgment vulnerable to invalidation. Reasons should be recorded with clarity and precision to enable the appellate court to judge the sufficiency of the material before the trial court to support a conviction. The decision should be based on the evidence and not speculations or assumptions as to probabilities. A conviction based on surmises not supported by the evidence and which is neither the case of the prosecution nor of the defence would be illegal. Therefore, the evidence on the basis of which the conclusion is recorded must be set out in the judgment. While discussing the evidence and recording final conclusions, the judgment must reveal the judge's awareness that in criminal cases normally, it is for the prosecution to prove the case, and the accused is not to be convicted merely since he offers an implausible explanation or fails to tell the truth in defence. Where the accused claims to be tried, the judgment should note whether witnesses were examined...

The Art Of Writing Judgments [Part-II]

Justice Goda Raghuram

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