Download Judgement Writing Assignment: Bharatiya Sakshya Adhiniyam (Indian Evidence Act) and more Summaries Law in PDF only on Docsity!
Academic Task Number: 3 Academic Task Type: Judgement Writing Course Code: LAW 344 Name of the Faculty: Dr Irshad Ahmad Course Title: Bharatiya Sakshya Adhiniyam Date of allotment: 7 th^ November 2024 Date of Test: 19 th^ November, 2024 Section: L2101, L2103 Maximum Marks: 30 S. No Reg. No Objectives of Academic Activity Topic Blooms Level Course Outcome Program Outcome Evaluation Parameters
- FOR ALL THE STUDENTS. To assess your ability to draft a coherent, structured, and reasoned judicial judgment. This task will involve applying legal principles, analyzing Assignment – Judgement Writing
L4-
Analysing CO 5 , CO 6 PO2, PO4 Parameters:
- Case Title, Number, and Preliminary Information (2 Marks)
- Statement of Charges and Facts (4 Marks)
- Framing of issue/Charges (4 Marks)
- Evidence and Testimony Analysis (5 Marks)
- Evaluation of Accused Guilt/ Innocence ( Marks)
- Findings on Key Issues
evidence, and providing a clear and impartial conclusion. and Sentencing ( Marks)
- Final Decision / Judgment (3 Marks)
- Language, Tone, and Presentation (2 Marks) Max Marks: 30 CASE FOR JUDGEMENT WRITING Prosecution case - (1) On 13.02.2003 the prosecutrix P` lodged a F.I.R. in Police Station Nishatpura, Bhopal alleging that at about 5.00 pm when she was in her house and cooking food, accused 'A’ entered into her house, caught hold of her hand and kissed her. As the prosecutrix screamed, witness K' reached there. Seeing him, accused pushed the complainant aside and ran away. In that sequence, the prosecutrix's husband H' and some other
enmity between him and the accused. In cross-examination, he described the time of the incident as 6-7.00 pm. Witness H' also supported the version of P' and k In Cross-examination H' did not admit enmity between him and that accused or any recent dispute. Sub-inspector Police O' stated that on 13.02.2003 at 6.45 pm, the prosecutrix 'P` had come with her husband 'H' to the Police Station and lodged the F.I.R.(Ex.P.1) against the accused. He had then registered the offence and after visiting the spot he had recorded the statements of witnesses Defence Evidence - - (6) The Defence witness X on behalf of accused stated that the accused is of good character 'A' did not commit the offence. He also stated that P is of bad character and on account of enmity between the accused and husband of P', the accused has been falsely implicated. During cross- examination, 'X' admitted that on that evening he was in his house After the day he had come to know that a report had been lodged against the accused by the prosecutrix. Arguments (prosecution) 7 The prosecution case is well proved. There is nothing to discredit the evidence of prosecutrix and her evidence has also been supported by other witnesses, hence, the accused should be convicted under Section 452 and 354, I.P.C. Arguments (defence ) (8) The prosecution story is concocted and false. Evidence of prosecutrix and other prosecution witnesses is unreliable. The accused has been falsely implicated due to enmity, with the connivance of police, hence, he be acquitted.
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Criminal Case Judgment Writing Rubric (30 Marks) Case Title, Number, and Preliminary Information (2 Marks) 2 Marks: Complete and accurate details (case title, number, court, date). 1 Mark: Minor errors or omissions in preliminary details. 0 Marks: Key preliminary details missing or incorrect. Statement of Charges and Facts (4 Marks) 4 Marks: Charges are clearly stated, along with a concise summary of facts, including any essential background and alleged offenses. 2 - 3 Marks: Charges and facts are mostly clear but may lack conciseness or detail. 0 - 1 Marks: Charges and facts are poorly explained, incomplete, or confusing. Framing of Issues ( Marks) 4 Marks: All pertinent legal issues are clearly identified, particularly those relating to the charges and defenses. 2 - 3 Marks: Most issues are identified, but some may lack clarity or completeness. 0 - 1 Marks: Issues are poorly framed, unclear, or missing altogether.
Final Decision / Judgment (3 Marks) 3 Marks: Decision is definitive, logically follows the findings, and provides clarity on acquittal, conviction, or sentencing. 2 Marks: Decision is mostly clear but may lack detail or strong finality. 0 - 1 Marks: Decision is unclear, missing, or does not logically follow from the findings. Language, Tone, and Presentation (2 Marks) 2 Marks: Language is clear, formal, unbiased, and professional. 1 Mark: Language is mostly clear, with minor tone or grammar issues. 0 Marks: Language is unclear, biased, or error-ridden, affecting readability. Instruction:
- Case Title, Number, and Preliminary Information should be assumed by the students.
- All students shall upload judgment writing on ums as well submit hard copy before last date of submission to subject teacher.
- Any student found copying from another student's work will face strict disciplinary action, including the rejection of their submission.
- Submit assignments by the prescribed deadlines. Late submissions may incur a penalty or rejection unless a valid reason is provided in advance.
- Avoid using content from the internet or other resources verbatim.
- If you have any doubts or need further clarification on the assignment guidelines, reach out to your course cordinatorwell in advance.
