CrPC Section 235
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### **Section 235 of the Criminal Procedure Code (CrPC), 1973 – Judgment of Acquittal or Conviction**
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#### **Text of the Section:**
> When the accused has been fully heard in a trial before a Court of Session or any Court of Trial, the Court shall,—
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> (a) If the Court is of opinion that the prosecution has failed to prove the guilt of the accused, record a judgment of **acquittal** and discharge the accused;
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> (b) If the Court is of opinion that the prosecution has proved the guilt of the accused, record a judgment of **conviction** and pass sentence according to law.
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### **Detailed Explanation:**
#### **1. Introduction:**
Section 235 of the CrPC lays down the procedure for a Court of Session or any trial court to pronounce its **judgment** after the trial is complete and the accused has been fully heard. It deals with the **two possible outcomes**—acquittal or conviction.
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#### **2. Key Aspects:**
* The Court must **listen to the accused** before passing judgment.
* The Court then decides whether the prosecution has **proved the guilt beyond reasonable doubt**.
* Based on this assessment, the Court records:
* **Acquittal** if the prosecution fails to prove guilt.
* **Conviction** if the prosecution succeeds in proving guilt.
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#### **3. Purpose:**
* To ensure **fair trial** and that the accused gets an opportunity to be heard.
* To uphold the **principle of presumption of innocence** until proven guilty.
* To provide **finality and clarity** in judicial proceedings.
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#### **4. Procedure:**
* After the **closure of prosecution and defence evidence**, the accused is heard on the point of guilt or innocence.
* The Court evaluates the evidence and the submissions made.
* The Court then delivers its judgment, either acquitting or convicting the accused.
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#### **5. Importance:**
* Ensures that no one is convicted without being given a **full chance to present their case**.
* Protects the **rights of the accused**.
* Reflects the **fundamental concept of criminal justice** that guilt must be proved beyond reasonable doubt.
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#### **6. Related Provisions:**
* **Section 232 CrPC:** Judgment in summary trials.
* **Section 236 CrPC:** Procedure in case of conviction.
* **Section 237 CrPC:** When accused is convicted, the court may pass sentence or remit the case for sentence.
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#### **7. Judicial Interpretation:**
* Courts emphasize that the judgment must be based on **evidence and law**, not conjecture or bias.
* The accused’s right to be heard before conviction is a **fundamental aspect of a fair trial**.
* Conviction without proper hearing or without proof beyond reasonable doubt is liable to be **set aside on appeal**.
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### **Conclusion:**
Section 235 CrPC mandates that after a trial, the Court of Session or trial court must pronounce a clear judgment of acquittal or conviction based on the evidence and arguments. It safeguards the accused’s right to be heard and ensures the justice system upholds the principle that guilt must be proven beyond reasonable doubt.
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