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Trial before court of session

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Presentation on theme: "Trial before court of session"— Presentation transcript:

1 Trial before court of session

2 contents Court of Session Initial stage of the Trial
Second Stage of the Trial Final stage of the Trial Other provision related to Trial

3 Session Courts Court of Session is the court in which accused is tried on the basis of the case committed by the competent magistrate. Trial Courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened. Most of the evidence presented in the trial court comes from witnesses (people who answer questions relating to the case) and exhibits (items and documents connected to the case, such as pictures, clothes, weapons, papers, etc.). 

4 INITIAL Stage of Trial 1. SEC.225 TRIAL TO BE CONDUCTED BY PUBLIC PROSECUTION. Sec 225 lays down that in every trial before a court of session, the prosecution shall be conducted by a public prosecutor. Sec 24 of cr pc says that a PP means any person appointed under sec 24. 2. SEC 226 OPENING CASE FOR PROSECUTION. After the accused appears or is brought before the court of session in pursuance of a commitment of the case, PP shall open the case by describing the charge brought against the accused and the evidence that he proposes to lead in order to prove the guilt of the accused. 3. SEC 227 DISCHARGE OF THE ACCUSED If the judge after considering the record of the case and hearing the submissions of the rival parties, is of the opinion that there does not exist any sufficient ground for proceeding against the accused , he shall discharge the accused and record the reason for doing so. The object of this provision regarding recording of reason is to enable the superior court to examine the correctness of the order of the sessions judge discharging the accused.

5 CONT. 4. SEC 228 FRAMING OF CHARGE
After considering the record of the case and the submissions of the rival parties, if the court is of the opinion that there are reasonable grounds for presuming that prima- facie case is made out , it shall frame the charge in writing against the accused . If the charge is framed and is exclusively triable by the court of session, then it shall try the same thereof . But where the charge framed is not the one , which is exclusively triable by the court of sessions, then the case shall be transferred to the CJM, who must then try the offence in accordance with the procedure for the trial of warrant case instituted upon a police report. After the charges are framed , it should be read over and explained to the accused , he shall be asked as to whether he pleads guilty of the offence or claims to be tried.

6 SECOND STAGE OF TRIAL 5. SEC 229 CONVICTION ON PLEA OF GUILTY If the accused pleads his guilt, the court must record such a plea and in its discretion may convict him thereon. The word MAY indicates that the judge may refrain from convicting the accused even when the accused has pleaded guilty, if he is of the opinion that this plea is not truthful. 6. SEC 230 DATE OF PROSECUTION EVIDENCE If the accused refuses to plead or does not plead , or claims to be tried or is not convicted u\s 229, the judge shall fix a date for the examination of witnesses, and may, on application of the prosecution , issue any process for compelling the attendance of any witness or the production of any document or the thing.

7 CONT. 7. SEC 231 EVIDENCE FOR PROSECUTION On the fixed date for prosecution evidence , the judge shall take all such evidence as may be produced in support of the prosecution. Witnesses are first examined in chief and then they are cross- examined by the adverse party, if they so desire. After the cross examination ,if the party calling him desires to re-examine they may do so. The judge may in its discretion permit the cross examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. 8. SEC 232 ACQUITTAL This section empowers the court to acquit the accused if there is no evidence that the accused has committed the offence. This the court can do before calling upon the accused to enter upon his defence and to adduce evidence in support thereof. Opportunity shall be given to both the parties to address the court on this point. If the court is of the opinion that there is no evidence to show that the accused committed the offence, it shall record an order acquitting the accused under sec 232.

8 FINAL STAGE OF THE TRIAL
9. SEC 233 ENTERING UPON DEFENCE Where the accused is not acquitted u\s 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. If the accused puts in any written statement, the judge shall file it with the record. If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the judge shall issue such process unless he considers, for reasons to be recorded , that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. The examination of the defence witness is done in the manner similar to that of the prosecution witness. Under section 315 the accused himself is a competent witness and can give evidence on oath in disproof of the charges made against him.

9 CONT. 10. SEC 234 ARGUMENTS After the recording of the defence evidence, the prosecutor shall sum up his case and the accused shall be entitled to reply. Further where any law point is raised by the defence, the prosecution may be allowed to make his submission with regard to such point of law. 11. SEC 235 JUDGEMENT After hearing the final arguments , the court shall give a judgement in the case. If the accused is convicted , the judge shall, unless he proceeds in accordance with the provisions of 360, hear the accused on the question of sentence, and then pass sentence on him according to law.

10 OTHER PROVISION RELATED TO TRIAL
SEC 236 PREVIOUS CONVICTION It is also provided that in a case where a previous conviction is charged under section 211(7), and the accused does not admit that he has been previously convicted, as alleged in the charge, the judge may after convicting he accused, take evidence in respect of the alleged previous conviction, and must record its finding thereon. SEC 237 PROCEDURE IN CASES INSTITUTED UNDER SECTION 199(2) This section provides that if a court of session takes cognizance of an offence u\s 199(2), it must try the case in accordance with the procedure for the trial of warrant – cases instituted before a Magistrate’s court otherwise than on a police report. Unless the session court directs otherwise, the person against whom the offence is alleged to have been committed must be examined as a witness for the prosecution .

11 CONT. Moreover, every such trial should be held in camera if either party so desires, or if the court thinks fit to do so. If, in any case the court discharges or acquits all or any of the accused , and it is of the opinion that there was no reasonable cause for making the accusation against whom the offence was alleged to have been committed to show cause why he should not pay the compensation to the accused. However the President, Vice-President of India, the Governor of a state or an Administrator-General of a union territory can not be served with such a show cause notice. When cause is shown by such a person, the court must record and consider the same, and if it is satisfied that there was no reasonable cause for making the accusation, it may pass an order that compensation, not exceeding 1000 rupees, be paid to the accused, or to each of the accused if there are more than 1. Any compensation awarded as above can be recovered as if it is a fine imposed by a magistrate.

12 CONT. Moreover the person paying such compensation is not to be exempted from any further civil or criminal liability in respect of that complaint, only by reason of the order directing compensation to be paid. However any amount thus paid to the accused is to be taken into account whilst awarding compensation to such a person in any subsequent civil suit relating to the same matter. It is also open to the person who has been ordered to pay compensation to appeal against such order to the High court.

13 THANK YOU


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