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
0 comments:
Post a Comment