Why do Judges reserve judgement on sentence after convicting an accused?

There is such law that after convicting an accused, the judge will hear accused on how much sentence he should be awarded.

Prosecutor asks for maximum punishment. Defense counsel for accused argues for minimum sentence.

So this is routine a stage to hear accused on quantum of sentence.

But in cases of murder or where minimum punishment is life imprisonment and prosecutor is not asking for death sentence, a judge can dispense with this procedure and can straight away pronounce life imprisonment after convicting an accused.

But in all other cases above procedure is followed.

Haresh Raichura
26/10/2012

Law of Defamation prescribes several exceptions.

Even if some statements may be defamatory, that will not amount to defamation ipso facto in certain circumstances.

POWER TO SERVE QUESTIONNAIRE / INTERROGATORIES

If Suit for Defamation is filed, the parties have rights to serve Questionnaire on other side and court can ask other side to reply on affidavit/oath.

Party can also ask other side to produce a list of documents for inspection or copies thereof.

If otherside refuses to answer, the case goes against that party.

POSSIBLE DEFENSES

1) The Statement was made in public good.

2) It was fair criticism done after due inquiry, proper care and in bonafide.

3) Statement was made to warn public.

4) etc. Etc. List is long. Sec.500 of IPC lists such exceptions.

The mere a statement is defamatory is by itself no defamation.

Haresh Raichura
22/10/2012

(Please take lawyer’s advice. This article is not legal advice)