ISSUE:
Whether the judgment of the Trial Court which did not contain the witnesses examined at trial, arguments by the prosecution and defence before the Court valid?
RULE:
Section 354(1) in The Code Of Criminal Procedure, 1973.
Category: Judgement And Sentencing
ISSUE:
Whether noncompliance with s. 235(2) is merely an irregularity which can be cured by s. 465 or it is an illegality which vitiates the sentence?
RULE:
Section 235(2) is clear and explicit in its wording such that, when a judgment is rendered convicting the accused, he is, at that stage, to be given an opportunity to be heard in regard to the sentence and it is only after hearing him that the court can proceed to pass the sentence.