(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,
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(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 short hand 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.
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(6) If a decision is read out pursuant to sub-section (5), the
judge shall write down the judgment and keep it in the case-file
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 timelimit.
(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.