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    Monday, 19 December 2016

    Trail by Court of Session

    1. Introduction
    Chapter XXII-A comprising of Section 265-A to section 265-N, and particularly section 265-F, is to ensure a fair trial not only to the accused by also to the prosecution or, as the case may be, the complainant, in administering justice in criminal matter and to remove the misconception that a fair trial means such steps and measures as are to the advantage and benefit of an accused principle, that justice should be administered in criminal cases, between the complainant or prosecution and the accused person evenly, for, it should not be forgotten that it is the prosecution or complainant who sets the bail rolling to restore tranquility in the society and for seeking relief against excess allegedly done by the accused, and as such knocks at the door of the court of justice, for a fair trial. A plaint reading of the aforementioned provision reflect the same view in that it is the right of both the parties to have a fair trial and there should title in favor of either.


    2. Relevant Provision

    Section 265-A to 265-N Code of Criminal Procedure 1898



    3. Meaning of Trial

    Trial means a formal judicial examination of evidence and determination of legal claims in adversary proceedings.

    4. Trials before Court of Session to be conducted by Public Prosecutions

    According to section 265-A, where trial initiated before a court of session upon a police report, the prosecution shall be conducted by the Public Prosecutor.

    In AIR 1924 Pat. 283, where the proceedings are initiated on a Police Report, a private prosecutor has no position at all in that litigation.

    5. Procedure in cases trial courts of session u/s 265-B

    Following is the procedure followed by the courts of session during trial,

    i. Supply of statements and documents to the accused u/s 265-C
    a. Where cases instituted upon police report u/s 265-C (1)
    Copies of the following documents shall be supplied free of cost to the accused not later than 7 days before the commencement of the trial namely.
    i.                 The FIR
    ii.                The police Report
    iii.               The statement of all witnesses recorded u/s 161 & 164
    iv.               The inspection note recorded by an investigation officer on his first to the place of occurrence and note recorded by him on recoveries made.

    b. Where cases instituted upon a complaint in writing u/s 265-C (2)
    i. The complaint shall
    a. state in the petition of complaint the substance of the accusation
    b. state the manes of his witnesses; and
    c. state the gist of the evidence which he is likely to adduced at the trial; and
    ii. Copies of complaint and any other documents which the complainant has filed shall be supplied free of cost to the accused not later than 7 days before the commencement of the trial;
    iii. And the statements under section 200 or 202 shall be supplied free of cost to the accused not later than 7 days before the commencement of the trial.

    ii. When charge is to be framed u/s 265-D
    The court has to frame charge u/s 265-D Cr.P.C, after perusing the police report or complaint and all other documents and statements filed by the prosecution and if the court is of the opinion that there is ground for proceeding with the trial the charge could be framed.

    iii. Plea u/s 265-E
    The charge shall be read and explained to the accused, and he shall be asked whether he is guilty or has any defense to make. If he pleads guilty, the court shall record the plea and may in its discretion convict him.

    (iv) Evidence for prosecution u/s 265-F
    a. Where the accused does not plead guilty or the court does not convict him on his plea u/s 265-F91)
    The court shall proceed to hear the complainant and takes all such evidence as may be produced in support of the prosecution.

    b. Summoning of witnesses u/s 265-F(2)
    The court shall summon such persons who are acquainted with the facts of the case and be able to give evidence for prosecution.

    c. When court refuse to summon any witness u/s 265-F(3)
    If the court is of opinion that such witness is being called for the purpose of vexation or delay or defeating the ends of justice.

    d. Where the examination of the witness for the prosecution and the examination of the accused are concluded u/s 265-F (4)
    The accused shall be asked whether he means to adduce evidence.

    e. Where accused puts in any written statement u/s 265-F(5)
    The court shall file it with the record.

    f. Where the accused says that he means to adduce evidence u/s 265-F (6)
    The court shall call on the accused to enter on his defense and produce his evidence.

    v. Summoning up by prosecutor and defense u/s 265
    a. Where the accused does not adduce ev8idence in his defense u/s 265-G(1)
    The court shall call upon the prosecutor to sum up his case where after the accused shall make a reply., on the close of the prosecution case and examination of the accused.

    b. Where the accused examines evidence in his defense u/s 265-G (2)
    The court shall the accused to sum up the case where after the prosecutor shall make a reply, on the close of the defense caste.

    vi. Acquittal or conviction u/s 265-H
    a. Where a charge has been framed the court finds the accused not guilt u/s 265-H (1)
    The court shall record an order of acquittal.

    b. Where the court finds the accused guilt u/s 265-H (2)
    The court shall pass a sentence upon him according to law.

    vii. Procedure in case of previous conviction u/s 265-I
    This section is imperative. It is based on the principle that a prisoner on his trial ought not to be prejudiced by a statement of a previous conviction suffered by him. It indicates the importance of the complete exclusion of the knowledge of previous conviction when weighing the evidence as to the truth or otherwise of the main charge.

    Conclusion

    To conclude that trial is the stage where guilt of the accused is determine and it is the right of both the parties to have a fair trial and the same is reflected by the provisions 265-A to 265-A of Cr.P.C which deals with the procedure of trial by the session court and a fair opportunity is provided to the prosecutor and the accused to present their case in the court of session. 
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    Item Reviewed: Trail by Court of Session Rating: 5 Reviewed By: Usman Ali
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