TIPS FOR WRITING JUDGMENTS IN CRIMINAL CASES
1. Refer to the provisions under which the charge sheet is filed and if the case is instituted on
a private complaint, then refer to the provisions under which the case is registered.
2. Narrate the facts not as mentioned in the relevant column of the charge sheet, but as
disclosed from prosecution papers.
3. Refer to the offences for which the charge is framed.
4. Refer to the number of witnesses examined, documents and properties marked.
5. Refer to the statement of the accused and if he has specifically stated anything when
examined under Section 313 refer to the same and if written statement is filed under Section
313(5) refer to it.
6. Refer to defence evidence if any.
7. Raise points for consideration in accordance with the charge
8. Mention your findings
9. Reasons โ Refer to the evidence of each witness not in the order in which they are
examined but with reference to particular point or aspect of the case.
(a)Eye witnesses (b)Medical evidence (c) Forensic evidence
p(d)Mahazars โ spot and recovery (e) Police officers
10. Analysis and evaluation of evidence โ refer to answers elicited in cross examination and
contentions urged with reference to the decisions if any cited and if any noticed by you.
11. State in the judgment whether the evidence of a witness proves a fact or not.
12. Benefit of doubt โ at what stage โ at the stage of drawing inference from proved facts โ not
that each fact should be proved beyond all reasonable doubts
13. In warrant cases accused has to be heard on the question of sentence. For imposition of
appropriate sentence, be it imprisonment or fine and for award of compensation, it is
necessary to ascertain at the time of hearing the accused on the question of sentence
about his social, economic, educational, family and other backgrounds. Distinction
between 357(1) and 357(3) Cr.P.C should be clearly borne in mind. So too the scope of
Section 357A Cr.P.C should be clearly kept in view. Reasons have to be given as to why a
particular sentence is imposed or a particular sum of money is awarded as compensation.
Even in summons cases, though the accused is not heard on the question of sentence,
reasons as to why a particular sentence is imposed have to be stated.
