Section 131: Judgment to be made

1) The judge shall make judgment in a case generally within one month after the termination of examination of evidence in the case.

2) If it is not possible to make judgment within the period referred to in sub-section (1), information thereof, accompanied by the reason for the same, shall be given to the appeal hearing court.

3) Judgment to be made pursuant to this Section shall be in the form referred to in Schedule-43 and state, inter alia, the following matters:

(a) Short description of the case and other necessary matters relevant thereto,

(b) Main points of pleading, if any, made by the law practitioner in the case,

(c) Evidence produced by the parties to the case, credibility or refutability of such evidence, the basis thereof, sufficiency or insufficiency of such evidence,

(d) Matters relating to the legal question, if any, raised by any party to the case,

(e) Grounds for the conviction or acquittal of offence and the reasons for the same,

(f) Whether the judgment is appealable or not, and the court in which appeal shall lie,

(g) Other necessary matters.

4) In making judgment pursuant to this Section, the judge may read out the full text of the judgment, if prepared, and the decision only if the full text is not so prepared.

5) If only the decision is read out pursuant to sub-section (4), the judge shall cause it to be taken down in shorthand in the decision book, sign it and take signature or thumb impression of the parties to the case who are in attendance on it.

Provided that it shall not be necessary to cause it to be signed by the government attorney in a state case in which the Government of Nepal is plaintiff.

6) If a decision is read out pursuant to sub-section (5), the judge shall write down the judgment and keep it in the casefile within one month.

Explanation: For the purposes of this sub-section, the term “decision read out” means the decision read out upon sentencing.

7) If the judgment is not set down within the time-limit referred to in sub-section (6), the concerned party may make a complaint to the Chief Judge of the concerned High Court, in the case of a judgment of that High Court or a court subordinate to it, and to the Chief Justice in the case of a judgment of the Supreme Court, not later than three days after the expiration of such time limit.

8) If a complaint is made pursuant to sub-section (7), the concerned Chief Judge or the Chief Justice shall give direction to the concerned judge to prepare the judgment within a week.

9) The court shall, as far as possible, also put the decision referred to in sub-section (5) on its website immediately.

10) The court shall affix the decisions prepared and authenticated in each week on its notice board and also put them on the website.