AJIT DAS 08 July 2021
Dear Sir/Madam,
After the conclusion of trial and arguments the case is posted for pronouncement of judgement. One of the co-accused who is not a family member is not traceable.
Rest of the accused are from one family and are ready to be present on the day of judgement. Will the judgement be pronounced in the absence of one of the co-accused as above.
srishti jain 08 July 2021
According to the scenario that you have mentioned, let me brief you about section 353 of Cr.P.C. Under section 353 Cr.P.C the judgment in every trial must be pronounced in open Court by the presiding officer after the termination of the trial. The notice of that shall be given to the parties or their pleaders.
Under 353(6), if the accused is not in custody, he is required to attend to hear the judgment pronounced, except where his personal attendance has been exempted and the sentence is only of fine. However, if there are more than one accused and one or more of them are not present, the Court can pronounce the judgement in his absence to avoid undue delay.
In your case, there are more than one accused. Therefore, the court can pronounce the judgment in his absence.
AJIT DAS 09 July 2021
Thank you very much for the advise and clarity provided. But would want to know whether this is followed by all courts pan India or the practices differ in different states/ courts. Further advise would be highly appreciated.
nikita jain 11 July 2021
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