Patna HC Says Trial Judge Needs Training Who Refers To Sanskrit Shloka, Gazals While Awarding Sentence

A single judge bench Justice Birendra Kumar observed that a trial judge, having the power to award a death sentence, must have correct knowledge of legal principles and zeal while exercising "the most onerous responsibility of taking decision on the life and liberty of person".

Patna High Court (Image Source: IANS)

Patna: A trial court quoting Sanskrit shlokas and gazals of late Jagjit Singh while convicting a person under the Protection of Children from Sexual Offences Act (POCSO) did not go down well with the Patna High Court. The trial judge was awarding 10-year rigorous imprisonment (RI) along with fine to an accused in an attempt to rape case. 

The Patna High Court observed that the trial judge "needs special training at the Judicial Academy."

"The learned trial Judge has referred to Sanskrit shloka and gajals of Late Jagjit Singh while awarding the sentence against the appellant. A trial Judge especially a Judge having power to award death sentence must have correct knowledge of legal principles and zeal to its proper application while exercising the most onerous responsibility of taking decision on the life and liberty of person before him. Lack of knowledge of legal principles leads to miscarriage of justice and unnecessary harassment to the parties to the litigation. Bias and prejudices, conjectures and surmises and personal views contrary to the material on the record have no place in the court of law," observed the Court.

A single judge bench Justice Birendra Kumar observed that a trial judge, having the power to award a death sentence, must have correct knowledge of legal principles and zeal while exercising "the most onerous responsibility of taking decision on the life and liberty of person".

In the FIR lodged with Inarwa police station in West Champaran on June 17, 2018, a 13-year-old girl, accused defendant of raping her. However, in her statement recorded before a judicial magistrate under Section 164 CrPC, she alleged that Mahto attempted to rape her but could not succeed. The police submitted a chargesheet against the accused for an attempt to rape the girl. Mahto was sentenced to 10-year RI with Rs 2 lakh fine on June 14, 2019. The court ordered him to pay Rs 1 lakh of the amount to the victim.

After examining the evidence on record, the High Court observed that the commission of offence was not proved against the appellant. The prosecutrix, in her deposition before the trial court, had not disclosed what offence was committed against her.

Noting that the trial judge needs special training at the judicial academy, Justice Kumar also opined that a copy of the present judgment along with trial court judgment be placed before Hon'ble the Chief Justice for the needful.