K.V. Rami Reddy v. Prema (2009) 17 SCCSCC Supreme Court Cases 308: The declaration by a Judge of his intentions of what his judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).ย Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary โ Portal > Denning: โJudges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literatureโฆ.โ Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) is going to be, or a declaration of his intentionIntention This means to โhave in mind.โ A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A consciousย mental processย to move precedes the brainโs preparation for movement. of what the final result it is going to embody, is not a judgment until he had crystallized his intentions into a formal shape and pronounced it in open court as the final expression of his mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness (Para11)
Introduction
In the State of Uttar PradeshUttar Pradesh Ancient Aryavarta Region (เคเคฐเฅเคฏเคพเคตเคฐเฅเคค) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi vs. Mohammad Naim, [AIRAIR All India Reporter 1964 SC 703] it has also been held that judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve.
In Gurmit Singh vs. State of Punjab, [(1974) 2 SCC 260] the following observations were made:-
โ10. A judgment is an affirmation of a relation between a particular predicate and a particular subject. So, in lawLaw ฮฝฯฮผฮฟฯ:ย Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article, it is the affirmation by the law of the legal consequencesLegal relations It is established law that in the domestic or social context, there is a presumption that the parties do not intend for legal consequences to follow and hence do not intend to create legal relations, which imposes the burden of proof on the party seeking to enforce the agreement to prove that the parties did in fact intend for their arrangement to have legal consequences. A domestic arrangement in which prima facie attracts the presumption gave rise to an enforceable contract, then he must plead that the parties had the requisite intention to create legal relations, and also plead the material facts sustaining that assertion. attending a provedProved A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; or admitted state of facts. It is always a declaration that a liability, recognised as within the jural sphere, does or does not exist. A judgment, as the culmination of the action, declares the existence of the right, recognises the commission of the injury, or negatives the allegation of one or the other (Black on Judgments, Vol.I, end ed. Pp 1-2)
11. A judgment of a court is an affirmation, by the authorised societal agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act of the State, speakingSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000ย years ago in the Indian subcontinent.ย ย by warrant of law and in the name of the State, of the legal consequences attending a proved or admitted state of facts. Its declaratory, determinative and adjudicatory function is its distinctive characteristic. Its recording gives an officialOffice ฮฮพฮฏฯฮผฮฑ > Officer > Office-bearer (1593) > Opus, officium, ex officio (Latin). Box-office (Cash Box). certification to a pre-existing relation or establishes a new one on pre-existing grounds [Borchard, โDeclaratory judgmentsโ 2nd ed. Pp. 8-10]โ
Supreme CourtSupreme Court The Court of last resort. Supreme Court ofย India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network has laid down guidelines for the Courts, to be followed while writing judgments, in Joint Commissioner of Income Tax Surat Vs. Saheli Leasing & IndustriesIndustries A group of productive organizations or companies, participate in economic activities, and GDP > High-technology, Petroleum, Steel, Motor vehicles, Aerospace, Telecommunications, Chemicals, Electronics, Agribusiness, Food processing, Information technology, Artificial intelligence, Consumer goods, Lumber, Retail, Healthcare, Financial services, Mining, Renewable energy, Quantum computing, Space technology, Defence, Biotechnology, Pharmaceutical, Ltd., [(2010) 6 SCC 384]which are as under:
โ4. This Court, timeTime ฯฯฯฮฝฮฟฯ. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-โquantum entanglementโ) เคฏเคฎเค , เคชเฅเค, (เคฏเคฎเคฏเคคเคฟ เคจเคฟเคฏเคฎเคฏเคคเคฟ เคเฅเคตเคพเคจเคพเค เคซเคฒเคพเคซเคฒเคฎเคฟเคคเคฟ เฅค เคฏเคฎเฅ + เค เคเฅ เฅค เคตเคฟเคถเฅเคตเฅ เค เคเคฒเคฏเคคเฅเคฏเฅเคต เคฏเค เคธเคฐเฅเคตเฅเคตเคพเคฏเฅเคถเฅเค เคธเคจเฅเคคเคคเคฎเฅ เฅค เค เคคเฅเคต เคฆเฅเคฐเฅเคจเคฟเคตเคพเคฐเฅเคฏเฅเคฏเคเฅเค เคคเค เคเคพเคฒเค เคชเฅเคฐเคฃเคฎเคพเคฎเฅเคฏเคนเคฎเฅ เฅฅเคฏเคฎเฅเคถเฅเค เคจเคฟเคฏเคฎเฅเคถเฅเคเฅเคต เคฏเค เคเคฐเฅเคคเฅเคฏเคพเคคเฅเคฎเคธเคเคฏเคฎเคฎเฅ เฅค เคธ เคเคพเคฆเฅเคทเฅเคเฅเคตเคพ เคคเฅ เคฎเคพเค เคฏเคพเคคเคฟ เคชเคฐเค เคฌเฅเคฐเคนเฅเคฎ เคธเคจเคพเคคเคจเคฎเฅ เฅฅ and again, reminded the courts performing judicial functions, the manner in which judgments / orders are to be written but, it is, indeed, unfortunate that those guidelines issued from time to time are not being adhered to.
5. No doubt, it is true that brevity is an art but brevity without clarity likely to enter into the realm of absurdity, which is impermissible. This is what has been reflected in the impugned orderImpugned order Order under challenge which we would reproduce hereinafter.
6. We, therefore, before proceeding to decide the matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called โbosonsโ. The strong force is carried by the โgluonโ, electromagnetic force is carried by the โphoton.โ on meritsMerits Strict legal rights of the parties; a decision โon the meritsโ is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process., once again would like to reiterate few guidelines for the Courts, while writing orders and judgments to follow the same.
7. These guidelines are only illustrative in nature, not exhaustive and can further be elaborated looking to the need and requirement of a given case:-
(a) It should always be kept in mind that nothing should be written in the judgment/order, which may not be germane to the facts of the case; It should have a co-relation with the applicable law and facts. The ratio decidendi should be clearly spelt out from the judgment / order.
(b) After preparing the draft, it is necessary to go through the same to find out, if anything, essential to be mentioned, has escaped discussion.
(c) The ultimate finished judgment/order should have sustained chronology, regard being had to the concept that it has readable, continued interest and one does not feel like parting or leaving it in the midway. To elaborate, it should have flow and perfect sequence of events, which would continue to generate interest in the reader.
(d) Appropriate care should be taken not to load it with all legal knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "ฮท ฮณฮฝฯฯฮท," "Scientia," "เคเฅเคเคพเคจเคฎเฅโ ," and "็ฅ่ฏ Zhฤซshรฌ," respectively. on the subject as citation of too many judgments creates more confusion rather than clarity. The foremost requirement is that leading judgments should be mentioned and the evolution that has taken place ever since the same were pronounced and thereafter, latest judgment, in which all previous judgments have been considered, should be mentioned. While writing judgment, psychologyPsychology Mind, Mental Process, and Behavioral Activity > 1. Behavioral Neuroscience. 2. Clinical Psychology 3. Cognitive Psychology. 4. Decision Science. 5. Developmental Psychology. 6. Intellectual and Developmental Disabilities. 7. Quantitative Psychology 8. Social Psychology. of the reader has also to be borne in mind, for the perception on that score is imperative.
(e) Language should not be rhetoric and should not reflect a contrived effort on the part of the author.
(f) After argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: โbecauseโ, โsinceโ, โforโ, and โasโ; typical conclusion indicators include โthereforeโ, โthusโ, โhenceโ, and โsoโ. เคชเคเค เค เคตเคฏเคต เคคเคฐเฅเคเค เคชเฅเคฐเคคเคฟเคเฅเคเคพ เคนเฅเคคเฅ เคเคฆเคพเคนเคฐเคฃเคฎเฅ เคจเคฟเคเคฎเคจเคฎเฅ เค เคตเคฏเคตเคพเค > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. are concluded, an endeavour should be made to pronounce the judgment at the earliest and in any case not beyond a period of three months. Keeping it pending for long time, sends a wrong signal to the litigants and the society.
(g) It should be avoided to give instances, which are likely to cause public agitation or to a particular society. Nothing should be reflected in the same which may hurt the feelings or emotions of any individual or society.
8. Aforesaid are some of the guidelines which are required to be kept in mind while writing judgments. In factFact Something เคคเคฅเฅเคฏ (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act:ย It means and includesโ (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. โfacts in issueโ means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows., we are only reiterating what has already been said in several judgments of this Court.โ
The Judgment under CrPC
353. Judgment
(1) The judgment in every trial in any Criminal Court of original jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction:ย Jurisdiction of the first court to hear a case. shall be pronounced in open Court by the presiding officer immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh ,ย has held that the word โforthwithโ is synonymous with the word immediately, which means with all reasonable quickness.ย When a statute requires something to be doneย โforthwithโย orย โimmediatelyโย or evenย โinstantlyโ, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word โforthwithโ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UPย [1976] 1 SCR 779ย : AIR (1976) SC 680;ย Nevada Properties (P) Ltd. v. State of Maharashtra & Anr.ย [2019] 15 SCR 223ย : (2019) 20 SCC 119;ย State of Maharashtra v. Tapas D. Neogyย [1999] Supp. 2 SCR 609ย : 1999 INSC 417;ย Ravinder Kumar & Anr. v. State of Punjabย [2001] Supp. 2 SCR 463ย : (2001) 7 SCC 690;ย Bhajan Singh and Ors. v. State of Haryanaย [2011] 7 SCR 1ย : 2011 INSC 422;ย HN Rishbud v. State of Delhiย [1955] 1 SCR 1150ย : (1954) 2 SCC 934;ย Sk. Salim v. State of West Bengalย [1975] 3 SCR 394ย : (1975) 1 SCC 653;ย China Apparao and Others v. State of Andhra Pradeshย [2002] Supp. 3 SCR 175ย : (2002) 8 SCC 440;ย Navalshankar Ishwarlal Dave v. State of Gujaratย [1993] 3 SCR 676ย : 1993 Supp. 3 SCC 754;ย Rao Mahmood Ahmad Khan v. Ranbir Singhย [1995] 2 SCR 230ย : (1995) Supp. 4 SCC 275;ย Bidya Deb Barma v. District Magistrateย [1969] 1 SCR 562 : (1968) SCC OnLine SC 82.ย after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,โ
(a)by delivering the whole of the judgment; or
(b)by reading out the whole of the judgment: or
(c)by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, 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 judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), 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 judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of subยญ-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:
Provided 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 judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment 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) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.
354. Language and contents of judgment
(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353,โ
(a)shall be written in the language of the Court;
(b)shall contain the point or points for determination, the decision thereon and the reasons for the decision;
(c)shall specify the offence (if any) of which, and the section of the IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : เคธเคคเฅเคฏเค เคตเคฆ เฅค เคงเคฐเฅเคฎเค เคเคฐ เฅค เคธเฅเคตเคพเคงเฅเคฏเคพเคฏเคพเคจเฅเคฎเคพ เคชเฅเคฐเคฎเคฆเค เฅค The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Penal CodePenal Code Indian Penal Code (Naya Samhita-2023),
Pakistan Penal code-1960, (45 of 1860) or other law under which, the accused is convicted and the punishment to which he is sentenced;
(d)if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.
(2) When the conviction is under the Indian Penal Code (45 of 1860) 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 judgment in the alternative.
(3) When 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 judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.
(4) When 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.
(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.
(6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.
355 Metropolitan Magistrateโs Judgment
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:โ
(a)the serial numberNumber ฮฯฮนฮธฮผฯฯ of the case;
(b)the date of the commission of the offence;
(c)the name of the complainant (if any);
(d)the name of the accused person, and his parentage and residence;
(e)the offence complained of or proved;
(f)the plea of the accused and his examination (if any);
(g)the final order;
(h)the date of such order;
(i)in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.
Judgment, Its Contents, Composition And Quality
Of the several functions which the Court is called upon to discharge, the most onerous and important one is the writing of judgment. Its significanceย cannot be overemphasised when it is manifest the whole edifice of public confidence in Courts is built on the quality of judgment that the Courts produce. The Judgment should, therefore, be a product of clear sustained thinkingThinking Human beings began conscious thought as far back as sixty million years ago. By around three hundred thousand years ago, humans inhabiting the Indian subcontinent had developed forms of cognition comparable to those of the modern age, including awareness of competition, defense, and collective security. These early communities were capable of abstract observation, such as counting stars in the night sky, and engaged in reflective discussion about everyday experiences, including the flavors and qualities of food, indicating a sophisticated mental and social life., sound analysis of facts, application of correct legal principles and condensed commonsense and ripe experienceExperience ฮตฮผฯฮตฮนฯฮฏฮฑ of men and matters. It should represent the best that can be drawn from humanHuman ฮ ฮฌฮฝฮธฯฯฯฮฟฯ (Humanum> Homo sapiens) เคฎเคพเคจเคต:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we donยดt know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. thoughtThinking Human beings began conscious thought as far back as sixty million years ago. By around three hundred thousand years ago, humans inhabiting the Indian subcontinent had developed forms of cognition comparable to those of the modern age, including awareness of competition, defense, and collective security. These early communities were capable of abstract observation, such as counting stars in the night sky, and engaged in reflective discussion about everyday experiences, including the flavors and qualities of food, indicating a sophisticated mental and social life. and mind on the subject.
The judgment in criminal cases concerned, as it is, with life, liberty, honour and property of a citizen, must necessarily be clear and systematic. Sections 353 & 354 of Criminal Procedure Code, 1973, provides inter alia for the contents of judgments.
A judgment should contain:
(1) A concise statement of facts.
(2) The point or points for determination,
(3) The decision thereon.
(4) The reasoning for such decision.
(5) If there is conviction, it should specify the offence of which and the section of law under which the accused is convicted and the punishment is inflicted.
(6) If the conviction is under the Indian Penal Code and it is doubtful under which of two sections or two parts of the same section the offence falls, it should be distinctly specified and the judgment should be passed in the alternative.
Section 2(9) of the CPCCode of Civil Procedure Main Sections: Filing, Summons, Trial, Judgment, Execution, Appeal, Interim Applications, Interim Injunction, Cost, Notice Rules: Order VII. Statutory Drafting and Forms: General Pleding defines a “judgment” to mean the statement given by the Judge of the grounds for a decree or order. A mere order deciding the matter in dispute, not supported by reasons, is no judgment at all. It should be a self-contained documentDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023) from which it should appear as to what were the facts of the case and what was the controversy, which was tried to be settled by the Court and in what manner.
For civil Cases see Order 20 Rule 4(2)-Judgments of other Courts contain a (1) concise statement of the case,(2) the points for determination, (3)the decision thereon, and (4)the reasons for such decision. Again in suits in which issue, have been framed, the Court shall state its finding or decision, with the reasons therefore, upon separate issue, unless the finding upon any one or more of the issue is sufficient for the suit.(the same principles have to be applied in the criminal cases too)
These are the essentials which the judgments should contain. It is so not only in relation to the judgments of the trial CourtTrial court Court of original Jurisdiction > the court which examines the evidences for the first time. but also of the appellate Court. Indeed, the judgments of the appellate Court must be independent. It should stand by itself without being supplementary to the judgments of the trial Court. It must contain a careful appraisal of the whole evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 on record and it must show that the appellate Court has applied its independent mind to all the circumstances from all aspects. It must be clear that every item of evidence, on which the findings of the trial Court are based has been carefully scrutinised and weighed.
“It is true that the learned Judge has made copious quotations verbatim from the evidence of the witnesses and his comment upon the evidence is not as full and detailed as might be expected but this practice of writing judgments in this way seems fairly general in Hyderabad though we cannot help saying that it is not to be commended. It is the obvious duty of the Court to give a summary of the evidence of material witnesses and to appraise the evidence with a view to arriving at the conclusion whether the testimony of the witness should-be believed”. [Aftab Ahmed Khan vs. State of Hyderabad (A.I.R. 1954 S.C.436)].
It is not sufficient if one is conversant with what the requisite contents of a judgment are. It is also necessary that he should be able to write good judgment, for after all, it is the quality of the judgment that is of paramount importance. Its composition is of no less significance.
Writing of judgments is an art which has to be cultivated and developed by regularRegular Regulated by Christian law and practices, the opposite meaning of Secular. A regulated government accepts Vaticanism, the control under the papal monarchy. A secular government is free from papal intervention. study of judgmentsโ of eminent English and Indian Judges. Study helps a good deal. But ultimately the judgment depends upon individual talent, grasp of facts, command of legal principles, clarity of thought, powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. of expression and natural proclivities of elaboration or compensation. It is not possible to give precise or exact instructions of universal application as to the manner in which the judgment should be composed because the facts of each case coming up for discussion are never as a rule stereotyped. They may differ widely from each other. All that need be stressed upon is that the judgment should not be prolix or a mere mechanical reproduction of facts and evidence.
It should contain a concise and precise statement of facts chronologically arranged bringing to the fore points for determination. The narrative must be precise and clear. The marshalling of facts should be thorough. Repetition must be avoided so far as it is possible. All that happened at the time of the occurrence and the incidents which took place in so far as they are material, should be narrated in their natural sequence. While brevity is a great virtueVirtue Aristotelian model: Excess Mean Deficiency >Irascibility Gentleness Spiritlessness >Rashness Courage Cowardice>Shamelessness Modesty Diffidence>Profligacy Temperance Insensitiveness>Envy Righteous Indignation Malice>Greed Justice Loss>Prodigality Liberality Meanness>Boastfulness Honesty Self-deprecation>Flattery Friendliness Surliness>Subservience Dignity Stubborness>Luxuriousness Hardness Endurance>Vanity Greatness of Spirit Smallness of Spirit>Extravagance Magnificence Shabbiness> Rascality Prudence Simpleness., clarity of thought and expression should be the watchword. If the sequence is duly observed and facts are logically arranged, the narrative will be precise, clear and impressive.
It will be profitable if the following sequence in writing judgments so far as it is possible, is followed :
1. The Statement of facts.
2. The occurrence and the gist of the offence with some details.
3. MotiveMotive Intending to collect money he started to motivate the people to donate to him. Intention comes first then motive to take the course. Motive is actionย >ย Reason, Root, Rationale, Purpose, Excuse. Section 4 BSA (Admission/Confession of Motive-S 22 BSA)ย Forming the background of the offence.
4. First Information Report time of its despatch and receipt.
5. Post mortem or wound certificate, if any.
6. Anything worthy to mention with regard to investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed..
7. The plea of the accused and the defence that is set up.
8. The points for determination.
9. Discussion of the merits of the prosecution evidence.
10. Discussion of the defence evidence, if necessary.
11. Conclusion and Sentence to be passed.
After narrating the facts as gathered from the prosecution case and stating the plea of the accused, the points which require judicial determination should be clearly stated. The weight and value of evidence in support of the prosecution should then be considered and if it makes out a case, the defence evidence should be discussed. It should be judged whether the defence evidence does or does not rebut the prosecution evidence. All this involves appreciation of evidence both oral and documentary.
The function of appreciation of evidence is not an easy task. Its technique requires a separate chapter for due consideration. Therefore, it is dealt with in another chapter. So also the question of conviction, punishment and sentence.
It is sufficient here if it be stated that reproduction of the evidence of each witness in the case in the judgment is of no use. The evidence should be discussed and evaluated. Corroboration and contradiction of material facts must necessarily be commented and reasons for believing or disbelieving the evidence must be stated and the findings on the points requiring decision must be recorded. It is of vital importance that the judgment must be temperate and sober. Commenting on the conduct of the parties should not go beyond what is really necessary. Damaging remarks against a witness should not be made without trustworthy proofProof Mathematical proof, Direct proof, Proof by contraposition, Proof by contradiction, Proof by construction, Proof by exhaustion, Closed chain inference, Probabilistic proof, Combinatorial proof, Nonconstructive proof, Computer-assisted proofs. of the record. Remarks prejudicial to the character of a person who is neither a party nor witness in the case should be wholly avoided. While coming to a decision various aspects of the matter as may present themselves should be fully discussed.
Just as it is the duty of a Criminal Court to get to the bottom of a case and see that every scrap of relevant evidence is brought before it so that justiceJustice ฮดฮนฮบฮฑฮนฮฟฯฯฮฝฮท > judicature ( ฮดฮนฮบฮฑฮนฮฟฯฯฮฝฮท) > judge (ฮดฮนฮบฮฑฯฯฮฎฯ / ฮบฯฮนฯฮฎฯ). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ฮตฯ ฯฯ ฯฮฏฮฑ) be done, so also it is its duty to test the entire material and the various theories set up and points raised fully and satisfactorily and reach its conclusion. Each point should be dealt with fully before the other is taken up. Findings on the points must be precise and clear. The question of sentence should then be considered and appropriate sentence should be awarded.
Thus, the judgment must be comprehensive enough to cover all the aspects in the manner described above. Sometimes the Magistrates, before considering whether the prosecution has made out its case, proceed indiscreetly to comment on the witnesses for the defence and discuss the incredibility of the defence witnesses to declare the case of the accused as untrue. On that basis they accept the case set up by the prosecution as true. This approach is wholly wrong and is fraught with grave consequences. The legal presumptionPresumption An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. about the accused is that he is innocent till the guilt is brought homeHome ฮฯฯฮนฮบฮฎ > to him by positive and credible evidence. The onus of proving all that is necessary for the establishment of guilt is wholly on the prosecution.
If the prosecution evidence is doubtful or unsatisfactory, it cannot gain any strength from the weakness in the defence case as it should stand or fall on its own strength. If the guilt is not proved beyond reasonable doubt on the basis of the prosecution evidence, the accused is entitled to benefit of doubt and consequent acquittal. The defence evidence has to be discussed only if the prosecution has discharged the onus of proving the guilt and not otherwise. Of course, if the accused pleads the right of private defence or any other general or special exceptions under the Penal Law and the facts alleged by the prosecution are not disputed, it may not be necessary to discuss at length the prosecution evidence first. It will be sufficient to set out the main features of the prosecution case and take up the evidence for the defence. It should be noted that the standard of proof as required of the accused is not the same as that of the prosecution.
He need not prove his defence beyond reasonable doubt. It is sufficient if there is preponderance of probability in his favour. Further, even through he might not have established his case quite satisfactorily, should the Court on a reading of the evidence on record as a whole i.e., of the prosecution together with the defence evidence, has reason to believe that there may be truthTruth Mathematical 'truth' may not be agreeable with the philosophical 'truth.' A question may be asked on propositional 'truth' on the grounds of physics, that space and time actually don't exist. Vedic injunction Satyam Param Dhimahi, technically Satya is none other than Brahman. For Madhymic Buddhists there is nothing as such to be called 'truth', as all the corresponding facts are only mental projections. Apart from Bio-neuroelectricity nothing exists for Biological Cognition. So-called religious truths are nothing more than a marketing strategy. in what the accused says, the accused is entitled to acquittal.
The judgment, therefore in cases like these must contain full discussion from this point of view.
In connection with the judgment it must always be remembered that what is of essence is not the mere Form or composition of judgment but its quality. A judgment of quality postulates indeed sound knowledge of law and of rules of evidence. But that alone may not be sufficient. What is of vital importance and an essential requirement in judgments in criminal proceedings is the natural and acquired shrewdness and experience by which a Judge has to Form his opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The courtโs ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. as to whether a witness is or is not lying. The rules of evidence may provide tests as to the quality of materials on which the judgment may proceed without any obvious objection. But they do not profess to enable the Judge to knowKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "ฮท ฮณฮฝฯฯฮท," "Scientia," "เคเฅเคเคพเคจเคฎเฅโ ," and "็ฅ่ฏ Zhฤซshรฌ," respectively. whether a witness is telling the truth and what inference should be drawn from particular facts. That must depend on the natural sagacity, logical power and practical experience of the Presiding Officer and this, however, has to be developed to its full measure within oneโs capacity to ensure satisfactory results. As this aspect is closely allied with the question of appreciation of evidence, it is appropriate that it may be dealt with in the relevant chapter.
Something, however, must need be said also as to the necessity of having a good command of law and of legal principles and requisite ability of correct application thereof to the facts of the case as that contributes a good deal to the quality of judgment. A thorough knowledge of substantive and procedural lawProcedural Law Legislation that outlines the procedures (method of filing, summoning, and hearing) and regulations of the court, aiming to protect individuals' rights within the legal/court system. It encompasses rules governing court proceedings, such as pleading requirements, discovery rules, standards of review, and appeals. Indian Limitation Act is a Procedural Law. Jai Jai Ram Manoharial v. National Building Material (1969 AIR 1267): "Rules of procedure are intended to be a handmaid to the administration of justice. A parry cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure" is imperative for a good judgment Its right application to the facts is no less important. Obviously enough, unless the Presiding Officer is sure of law before he proceeds to apply it to the facts, he cannot hope to reach correct results. An element of slight approximation in facts will not do so much harm as uncertainty in law. The knowledge of law has to be exactly right The exactitude demanded is one of mathematical precision. Any flaw in the understanding of law will upset the whole judgment It may be remembered that a Magistrate combines in himself the dual capacity of a Judge of facts and of law. He has, therefore, to be careful in relation to both the aspects.
As regards the facts, he has to be alert from the outset when he starts recording evidence and has to Form his own impressions as the case progresses and finalise his opinion at the end. At every stage he has to apply his commonsense and knowledge of men and matters to judge the questions of facts involved.
He has also to bear well in mind the substantive and procedural laws and rules of evidence while dealing with cases before him. He has, of course, to be fully conversant with statuteStatute A formal written legal enactment by a sovereign law-making body (ฮฯฮผฮฟฯ) > National Constitutionsย > National Laws >ย Indian Laws law. So also he has to be familiar with the case lawCase law It also known as common law, is derived from judicial decisions rather than constitutions, statutes, or regulations. It addresses specific disputes based on the factual details of each case. Unlike statutes and regulations, case law is founded on precedents set by prior judicial rulings. It differs from one jurisdiction to another. The ratio decidendi portion of a decision has binding force. on the subject But the basic legal principles have to be necessarily assimilated by him. Or else it will not be possible for him to proceed further and discharge his functions efficiently. Besides, time and again, he has to refer to Sections of the law and study them very carefully. Commentaries will be helpful but he should know how to use them. Whether at the time of framing charge or awarding punishment he should keep the relevant Sections always in view to avoid possible mistake and should in no circumstances exclusively rely on memoryMemory It is the process of storing and then remembering this information. Forgetting may be a sign of a more serious problem, such as: Alzheimer's disease, Other types of dementia, Stroke, Depression, Head injuries, Blood clots or tumors in the brain, Kidney, liver, or thyroid problems, Reactions to certain medicines,. While referring to the relevant rulings he must not be merely guided by headlines or headnotes. He should go through the entire rulings carefully and have an analysis of the same so that he may be sure of the true scope and correct application thereof.
There may be a few other precautions which the Magistrate should take to impart fullness and soundness to his judgment. It is not necessary to dilate on this aspect any further as any amount of instruction given cannot be exhaustive and much depends on the natural capabilities of the Presiding Officer.
I may, however, invite attention to the following general principles which will be of immense help to the Courts while dealing with the guilt or innocence of the accused:
(1) The onus of proving everything essential for the establishment of the charge against the accused lies on the prosecution.
(2) The decision of the case must rest on legal grounds based on legal testimony or evidence, both oral and documentary; but never on speculative theory or upon suppositions or mere suspicions created by the circumstances in the evidence.
(3) The evidence to justify conviction should be such as to exclude to moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. certainty every reasonable doubt as to the guilt of the accused. In case of doubt it is always safer to acquit than to condemn. Indeed the accused, in law, is always entitled to benefit of doubt.
(4) While coming to the conclusion as to the guilt or innocence of the accused, the Court should take the following circumstances into consideration;
(a) The circumstances in which the offence is said to have been committed.
(b) The motive for the offence or false accusation.
(c) The consistency of the story told by the prosecution, its probability or plausibility.
(d) The nature of evidence on behalf of the prosecution.
(e) Its credibility.
(f) The character, position and independence of the witnesses.
(g) How far their testimony is consistent with itself and conforms to experience and accords with collateral circumstances.
(h) Exaggeration and discrepancies in their statement; their cause and effect together with the explanation as offered by the witnesses or the counsel of the parties.
(i) The reasons for accepting or rejecting any portion of the statements ; its effect on the testimony.
(j) The value of confession, if any.
(k) The examination of the accused explaining the facts in the evidence against him.
(l) The evidence adduced in support of the defence theory.
As regards the recording of findings it is necessary that in the judgments findings on all charges must be clearly given. They should be recorded in distinct and definite terms so as to afford no room for doubt as to what they are and no scope for dispute that on the findings, no offence has been committed. Where there are several accused, the case of each accused should be dealt with in sufficient detail and the decision with regard to each with reasons therefor should be given. The names of the accused should be set out in the judgment In cases of conviction, as already stated, the judgment must specify the offence of which and the sections of the law under which the accused is convicted and also the punishment inflicted under each. In case the previous convictions are relevant and have been proved, they should be duly stated with the details of dates, and extent of punishment The reasons for the particular punishment also must be stated.
If the conviction is under the Indian Penal Code and it is doubtful under which of the two sections or under which of two parts of the same section of the Code the offence falls, the Court must distinctly express the same, and pass judgment in the alternative. If the judgment is one of acquittal, the judgment shall state the offence of which the accused is acquitted.
These in short are the various features that require mention in connection with the judgments in criminal cases. It must be remembered that the purpose of instructions is merely to provide some guidelines. It must all depend upon the originality and accomplishments of the Presiding Officer to make his judgments not only thorough and interesting but also highly satisfactory and convincing.
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