AN APPRAISAL OF THE POST TRIAL BENEFITS ACCRUING To AN OFFENDER ON THE COURTS RECOURSE TO CONVICTION OR DISCHARGE

During a criminal proceeding, three separate and distinct’acts take place, in sequence as to time. First is the entry of a plea of guilty or not guilty made by the accused person. Second, is a judgment of conviction or acquittal based upon the plea, and third, a sentence. A plea of guilty by the accused person is treated as confession of guilt in open court. A judgment is the declaration of the court entered on record. The court adjudges the accused guilty of the offence according to the plea of guilty or acquits him of the verdict is not guilty. Thus, while on the one hand, a judgment of conviction fixes the punishment as determined by the court, on the other hand a judgment of acquittal orders the accused discharged. A sentence is the order of the court made in the presence of the accused pronouncing the judgment and ordering the same to be carried into execution in the manner prescribed by law.