Judges : K.T.SANKARAN
OUSO - Appellant
Versus
Cheekku - Respondent
Case No : CRL.Appeal No.279 of 2005
Decided On : 11/22/2006
Advocates Appeared :
For the Petitioners: S. Rajeev, Advocate. For the Respondents: Public Prosecutor.
Code of Criminal Procedure, 1973 - Sections 363(1) and 363(2) - Kerala Criminal Rules of Practice, 1982 - Rule 240 - Crl.R.P. filed by the accused was not numbered by the Registry, taking the view that the revision is barred by limitation - Petitioner submitted in reply to the note made by the Registry that there is no delay and the revision was filed within 90 days from the date of receipt of the free copy of the judgment in the Crl. Appeal - The Registry was not satisfied with this reply - It was noted that the free copy of the judgment was issued and the date when copy was ready is not mentioned in the judgment - The judgment was pronounced - The only endorsement on the judgment is that the free copy was issued hence, revision was filed - Held, If R.240 does not apply to "free copy", it can be said that there is no provision in the Criminal Rules of Practice providing for any endorsement to be made on a free copy issued under S.363(1) of the Code of Criminal Procedure - But in actual practice, and judicial notice can be taken of it, free copies are not being issued in all cases on the date on which judgments are pronounced - Revision allowed.
This Crl.R.P. filed by the accused was not numbered by the registry, taking the view that the revision is barred by limitation. The counsel for the petitioner submitted in reply to the note made by the registry that there is no delay and the revision was filed within 90 days from the date of receipt of the free copy of the judgment in the Crl. Appeal. The registry was not satisfied with this reply. It was noted that the free copy of the judgment dated 28.7.2006 was issued on 11.10.2006 and the date when copy was ready is not mentioned in the judgment.
2. The judgment was pronounced on 20th July, 2006. The only endorsement on the judgment is that the free copy was issued on 11.10.2006. The revision was filed on 14.11.2006. The learned counsel for the petitioner submits that limitation is to be reckoned from the date of issue of the free copy and not from the date of judgment.
3. Section 363 of the Code of Criminal Procedure provides for issue of copy of judgment to the accused. Sub Sections (1) and (2) of Section 363 are relevant in this context which read as follows:
((1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost.
(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation is his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused be given free of cost:
Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.¦
Sub Section (1) of Section 363 provides for the issue of a copy of the judgment to the accused free of cost immediately after pronouncement of the judgment. Sub Section (2) of Section 363 provides for issue of a certified copy on the application of the accused. The certified copy to be issued under Sub Section (2) is also free of cost, provided, the judgment is appealable by the accused. The proviso to Sub Section (2) states that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. A combined reading of Sub Sections (1) and (2) would show that where the accused is sentenced to imprisonment, the court is bound to give a copy of the judgment free of cost to the accused immediately after pronouncement of the judgment. The certified copy to be issued to the accused on his application under Sub Section (2) need not necessarily be in a case where he is sentenced to imprisonment. But if such certified copy is for the purpose of filing an appeal by the accused, it shall be given free of cost. The difference between a copy to be given under Sub Section (1) and Sub Section (2) is that in the former, no application is necessary whereas in the latter, an application is necessary unless the judgment is by the High Court where a sentence of death is passed or confirmed. Section 363 occurs in chapter XXVII, the heading being (the judgment¦. Section 353 and the other sections in chapter XXVII would indicate that the judgment referred to in those Sections is judgment passed by the trial court. Therefore, Section 363, on its strict interpretation, could be considered as relating to judgment passed by the trial court. Section 387 of the Code of Criminal Procedure provides that the rules contained in chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a court of Session or Chief Judicial Magistrate. Rule 109 of the Criminal Rules of Practice states that the appellate court shall, when it confirms or awards a sentence of imprisonment, furnish a copy of its j
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