Paragraph numbers below are the court’s original numbering, recovered from the source text.
11. A plain reading of the provision leaves no room to doubt that a judgment of conviction shall have two components; namely, (i) Judgment on the point of conviction; and [2024] 10 S.C.R. Harshad Gupta v. The State of Chhattisgarh (ii) Where the accused is convicted, a separate order of sentence to be passed according to law, after hearing the accused on the question of sentence.
12. The aforesaid provision mandates that once the judgment of conviction is delivered, the accused has a right to be heard on the quantum of the sentence. This is so, in view of the well-established principle of law that various relevant factors, including mitigating circumstances, if any, are to be kept in mind by the Court while awarding an adequate and proportionate sentence.
13. It is not in dispute that in deference to Section 235(1) of the Cr.P.C., the appellant was duly heard and a judgment of conviction was recorded and pronounced on 30.04.2015.
14. Consequential thereto, the appellant was entitled to be heard on the question of sentence. Since the appellant himself had been seeking adjournments and exemption from personal appearance due to the injuries suffered by him in a road accident and meanwhile the Presiding Officer had been transferred, it was but natural that the new Presiding Officer was required to hear the appellant on the quantum of the sentence, for faithful compliance with Section 235(2) of the Cr.P.C. and then, to pass an appropriate order of sentence.
15. The process and procedure contemplated under Section 235(2) of the Cr.P.C. cannot annul the judgment of conviction recorded under sub-section (1) thereof. Both clauses operate in their respective fields, though sub-section (2) is contingent upon the outcome under sub-section (1) of Section 235 of the Cr.P.C. The occasion to comply with sub-section (2) of Section 235, thus, arises only when there is a judgment of conviction passed under Section 235(1) of the Cr.P.C.
16. The contention of the appellant, that with the transfer of the Presiding Officer post his conviction, the new Presiding Officer was obligated to hear him afresh even on the question of conviction, is wholly misconceived and misdirected. Once the judgment dated 30.04.2015 was pronounced, the conviction of the appellant stood finalized within the meaning of Section 235(1) of the Cr.P.C., whereupon the Trial Court became functus officio for the purpose of sub-section (1) of Section 235 of the Cr.P.C. The only issue that survived thereafter was of the quantum of sentence for which, the 706 procedure contemplated under sub-section (2) was to be complied with. The High Court has, thus, rightly held that the successor officer would hear the appellant on the question of sentence and pass an appropriate order. We see no legal infirmity in the impugned order passed by the High Court.
17. Learned senior counsel for the appellant vehemently urges that the judgment of conviction, granted against the appellant, does not satisfy the ingredients of Section 353 read with Section 354 of the Cr.P.C. and hence, there is no `judgment’ rendered in the eyes of law within the meaning of sub-section (1) of Section 235 of the Cr.P.C.
18. We are, however, not impressed by the submission. We say so for the reason that the Trial Court delivered a self-speaking judgment of conviction which satisfies all the constituents illustrated in Section 354(1) of the Cr.P.C. Further, the operative part of the Judgment as well as the order passed on that very date for granting exemption from personal appearance to the appellant, reveal that the said judgment of conviction was read out by the Presiding Officer in open court, in the presence of the appellant’s counsel, and it was well understood by his pleader. The Presiding Officer thus, followed the procedure envisaged under sub-section (1) of Section 353 of the Cr.P.C. The next step to be taken by the Presiding Officer, was to list the case to accord a hearing to the appellant on the quantum of sentence. That is precisely what has been done in the instant case. We are, thus, of the view that there is not even a fragment of violation of Sections 353 or 354 of the Cr.P.C., as claimed on behalf of the appellant.
19. There is thus no merit in this appeal which is consequently dismissed.
20. The Presiding Officer, presently posted in the concerned trial Court, is directed to hear the appellant on the question of sentence as early as possible but not later than one month from the date of receipt of a copy of this Order. The necessary consequences will follow.
21. The appellant is directed to surrender before the Trial Court on 04.11.2024 at 10.00 a.m. for being taken into judicial custody. He shall be produced before the Trial Court on the date of hearing on the quantum of sentence as also the date of pronouncement of the order on sentence. In case he absents or absconds, the law must [2024] 10 S.C.R. Harshad Gupta v. The State of Chhattisgarh take its own course. The Police Authorities are directed to ensure that the appellant remains present before the Court to meet the necessary consequences.
22. Ordered accordingly. Result of the Case: Appeal dismissed. †Headnotes prepared by: Divya Pandey