Judgment of Court

The court shall, on the basis of evidence so adduced by the parties, come to the conclusion of judgment about fact in issue/s. There are certain rules of delevering and writing of judgment. While delivering its judgment the court has a number of options as it may either convict/sentence the accused, if it finds that the accused has committed the offence. Or it may acquit the accused if it finds that there is no proper/adequate evidence to prove his guilt.

 

366. Mode of delivering judgment. (1) The judgment in every trial in any Criminal Court of original
jurisdiction shall be pronounced or the substance of such judgment
(a) in open Court either immediately after the termination of the trial or at some subsequent time of which
notice shall be given to the parties or their pleaders, and(b) in the language of the Court, or in some other language which the accused or his pleader understands:
Provided that the whole judgment shall be read out by the presiding judge, if he is requested so to do either
by the prosecution or the defence.
(2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend,
to hear judgment delivered, except where his personal attendance during the trial has been dispensed with
and the sentence is one of the fine only or he is acquitted, in either of which cases it may be delivered in
the presence of his pleader.
(3) 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.
(4) Nothing in this section shall be construed to limit in any way the extent of the provisions of section
537.
367. Language of judgment: Contents of judgment. (1) Every such judgment shall, except as otherwise
expressly provided by this Code, be written by the presiding officer of the Court or from the dictation of
such presiding officer in the language of the Court, or in English; and shall contain the points for
determination, the decision thereon and the reasons for the decision; shall be dated and signed by the
presiding officer in open Court at the time of pronouncing it and with his own hand, every page of such
judgment shall be signed by him.
(2) It shall specify the offence (if any) of which, and the section of the Pakistan Penal Code or other law
under which the accused is convicted, and the punishment to which he Is sentenced.
(3) Judgment in alternative. When the conviction is-under the Pakistan Penal Code and it is doubtful under
which of two sections, or under which or 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.
(4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that
he be set at liberty.
Proviso [x x x x x x x x] Omitted by Law Reforms Ordi. 1972, item 122. Enforced in the Province of
Punjab w.e.f. 26.12.1975.
(5) If the accused is convicted of an offence punishable with death, and the Court sentences him to any
punishment other than death, and Court shall in its judgment state the reason why sentence of death was
not passed.
(6) For the purposes of this section, an order under section 118 or section 123, sub-section (3), shall be
deemed to be a judgment.
368. Sentence of death. (1) When any person is sentenced to death, the sentence shall direct that he be
hanged by the neck till he is dead.
(2) [Omitted by Act XXV of 1974, item 123. Enforced in the Province of Punjab w.e.f. 26.12.1975].

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