The Delhi High Court has raised concerns over a recent incident where individuals were detained before the official judgment was prepared, following the lower court's verdict. Emphasizing proper procedure, the court highlighted that in criminal cases, the verdict of conviction should only be pronounced when the judgment on the punishment is fully prepared.
This action, according to the bench, contravened Section 353 of the Code of Criminal Procedure (CrPC) and was deemed a procedural lapse by the trial court during the delivery of its judgment.
After a thorough examination of the evidence and information provided, Justice Navin Chawla's bench directed all Principal District and Sessions Judges in Delhi to raise awareness among judicial officers to avoid similar oversights in the future. This directive came in response to a petition filed by Munna Singh and others.
According to the petition, the trial court had ordered his detention even before his conviction was pronounced. Looking at the records produced by the petitioners, the court found that when the petitioners were convicted and detained on May 18, the judgment convicting them was not ready with the trial court.
The court questioned that if the judgment was ready, then there was no reason to adjourn the case to May 22, 2024 for the trial court to serve its copy to the petitioners. The court also noted that the order of conviction was uploaded on the court's website on May 21.
The court also argued that the petitioners had tried to obtain a copy of the May 18 judgment by submitting an application on May 20. However, the trial court did not take the application on record and instead orally said that the decision would be available by May 23.
In view of the above facts, the court requested the Principal District and Sessions Judges of all the District Courts to caution the presiding judicial officers to pronounce their decisions on punishment only after the judgment is ready. It also said that at the time of conviction and detention, a free copy of the judgment should be immediately given to the accused so that he can pursue further legal remedies.
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