Whether trial will be vitiated if the court fails to hear accused on the point of sentence?

 From the above abstract, it may be seen that the Apex Court, as a general Rule, has held that 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. However, in the instant case, the learned Trial Court proceed to pronounce the sentence immediately after convicting the appellant on the same day. {Para 8}

[9.] The Apex Court in Santa Singh Vs. State of Punjab (1976) 4 SCC 190, held that hearing contemplated by Section 235 (2) of the Cr.PC is not confined merely to hearing oral submissions, but it is also intended to give an opportunity to the prosecution and the accused to place before the Court facts and material relating various factors bearing on the question of sentence and if they are contested by other side, then to produce evidence for the purpose of establishing the same. At the same time, care would have to be taken by the Court to see that hearing on the question of sentence is not abused and turned into an instrument for unduly protracting the proceedings. The claim of due and proper hearing would have to be harmonized with the requirement of expeditious disposal of proceedings.

The non-compliance with the mandatory provisions of Section 235 (2) cannot be treated as a mere irregularity curable under Section 465 of the Code of Criminal Procedure, 1973. It is much more serious. It amounts to bypassing an important stage of the trial and omitting it altogether so that the trial cannot be said to be that contemplated in the Code. This deviation constitutes disobedience to an express provision of the Code as to the mode of trial. It goes to the root of the matter and the resulting illegality is of such a character that it vitiates the sentence.

THE GAUHATI HIGH COURT

Case No. : CRL.A(J)/8/2020

Zothanpuia Council Veng Vs State of Mizoram Aizawl

BEFORE

 MR. JUSTICE NELSON SAILO

 MRS. JUSTICE MARLI VANKUNG

Author: (Nelson Sailo, J)

Date of Judgment : 31.01.2022.

Print Page

Whether Session judge can direct acquittal of accused even though accused has not adduced his evidence?

The scope of Section 232 in contradiction with section 235 of the Code of Criminal Procedure is very limited. Section 232 Cr.P.C. reads as follows:-

"232. Acquittal.- If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal."

6. From the wording of the aforementioned provision under Section 232 Cr.P.C. it would be clear that a clear satisfaction has to be recorded by the trial court immediately on completion of the evidence of the prosecution and examining the accused as also hearing the prosecution and the defence for recording acquittal on the ground that there is no evidence that the accused had committed offence.

7. Here in this case, there are 7 accused persons and the Court had to satisfy that it was a case of no evidence against all the accused persons. The word „ no evidence‟ in Section 232 Cr.P.C. cannot be construed or interpreted to mean absence of sufficient evidence for conviction or absence of trustworthy or conclusive evidence in support of the charge. At this stage for deciding as to whether there is evidence to indicate a commission of offence, the Sessions Judge is not required to consider as to what value should be attached to such evidence. 

Difference between S 232 Cr.P.C and S 235 of CrPC 

The object of Section 232 is to expedite the conclusion of trial and at the same time avoid unnecessary harassment to the accused by calling upon him to produce evidence and avoid waste of public time. Nonetheless if there is evidence, the trial court must go on to its course as envisaged in Section 233 and 234 Cr.P.C. before delivering its judgment under Section 235 Cr.P.C.

Patna High Court - Orders

Sanjay Kumar @ Sanjay Kumar Singh @ ... vs State Of Bihar & Anr on 16 February, 2010

Print Page