KRISHNAN SREEVALSAN Vs. STATE

JUDGEMENT

(1.) Petitioner was the accused in C.C. No. 505 of 1988 on the file of the Judicial Magistrate of Second Class, Attingal. He was represented by counsel in the case. The Court found him guilty, convicted and sentenced him to pay a fine of Rs. 500/- by judgment dated 1-1-1991. His counsel applied for a free copy of the judgment under Section 363, Cr. P. C. By the impugned order, the memo filed by the counsel was rejected and a free copy was refused finding that there was breach of sub-section (2) of Section 363, Cr. P. C.

(2.) When an accused is sentenced to imprisonment, copy of the judgment shall immediately be given to him free of cost. On his application a certified copy of the judgment or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall in every case, if the judgment is appealable by the accused, be given free of cost (sub-section (2) of Section 363, Cr. P. C.) As pointed out already, by the judgment the petitioner had been sentenced to pay fine. The judgment is appealable. He has a right to get copy of the judgment under sub-section (2) of Section 363, Cr. P. C. The Court below held that the accused and accused alone could apply for a free copy of the judgment and not his counsel who defended him. In my view, the words "on the application of the accused" should not be interpreted restrictively to exclude application filed by counsel for the accused. The application for a copy of the judgment could be filed either by the accused or on his behalf by his counsel. Grant of copy of judgment to either of them will be in accordance with the letter and spirit of sub-section (2) of Section 363, Cr. P. C.

(3.) I should also in this connection refer to Rule 36 of the Criminal Rules of Practice which reads: