Criminal Manual 179 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) A Judgment should be divided into consecutively numbered paragraphs of a reasonable length and their division into sub-paragraphs should be avoided. This is mainly to facilitate reference to any particular portion of the judgment during the arguments in the appellate or revisional Court.

(2) The opening paragraph should state briefly the nature of the offence with which the accused is charged.

(3) The next paragraph or paragraphs should state briefly the prosecution case and defence, clearly distinguishing between what is admitted and what is not. Matters like the relative position of places and villages and distances between them and how the parties and witnesses are related to each other should be indicated, where such details are necessary, for a clear understanding of the case.

(4) The points that arise for decision should then be dealt with one by one, marshalling the evidence for and against and considering the arguments, and giving a clear finding on each point. Witnesses should not be referred to by number alone. The accused persons, where there are two or more, should ordinarily be referred to by their numbers. The various points should be dealt with in separate paragraphs, but some points may require more than one paragraph.

(5) Judgments should not be prolix and repetition should, as far as possible, be avoided.

(6) The paragraphs in every judgment, deposition, report or other paper containing more than two paragraphs should be numbered.

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