Jan 10, 2018
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What is the procedure of Trial before Session court?

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What is the procedure of Trial before Session court?

District court referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of Criminal procedure, 1973. As per section 9 of Code of Criminal Procedure, 1973, the State government establishes court for every sessions division. The court presided over by a Judge, appointed by the High Court of that particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this  court. In India, the Sessions Court has responsibility for adjudicating matters related to criminal cases. The court takes the responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.

Trial to be conducted by Public Prosecutor (section 225)

In every trial before a Court of Session, the Public prosecutor shall conduct the prosecution.

Opening case for prosecution ( Section 226)

When the Accused appears or is brought before the Court, the prosecutor will open or start the case by describing the charge of offence. Also stating the evidence by which he proposes to prove guilt of the accused.

Discharge (section 227)

After considering the documents and also records of the case. After hearing the statements of accused and the prosecution.  The judge thinks that case does not have sufficient grounds for proceeding against the accused. Then he may discharge the accused and record the reason for same.

Framing of charge (section 228)

After consideration and hearing as aforesaid, the Judge thinks that case has ground for presuming that the accused has committed an offence which is :

  1. not exclusively triable by the Court of Session. He may order transfer of the case to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class. He may also direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class. Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
  2. exclusively triable by the Court of session, he shall frame in writing a charge against the accused.

Where the Judge frames any charge, the charge shall read and explained to the accused.  The accused shall asked to confess the offence or crime.

Conviction on plea of guilty (section 229)

If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon.

Date for prosecution evidence (Section 230)

If the accused refuses to plead, or does not plead, or claims to tried or not convicted under section 229, the Judge shall fix a date for the examination of witnesses. On application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

Evidence for prosecution (section 231)

On the date so fixed, the Judge shall ask for all such evidence which needs in support of the prosecution. The Judge may also permit the cross-examination of any witness. Until any other witness or witnesses have examined or recall any witness for further cross-examination.

Acquittal (section 232)

After taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point. The Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.

 Entering upon defence (section 233)

  • The accused may called upon to present his defence, if not acquitted under section 232.  He also needs to produce evidence in support.
  • The Judge may file any written statement produced by the accused, as record.
  • If the accused applies for compelling the presence of any witness or the production of any document or thing, the Judge shall issue such process. Unless he considers that such application should refused as made for the purpose of vexation or delay or for defeating the purpose of justice.

Arguments ( section 234)

The examination of the witnesses (if any) for the defence gets complete. Then the prosecutor shall sum up his case and the accused or his pleader shall entitled to reply. Provided that where any question of law raised by the accused or his pleader. The prosecution may submit his statement on such question of law.

Judgment of acquittal or conviction ( section 235)

The Judge shall pass its judgment in the case, after hearing arguments and points of law (if any). If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360 hear the accused on the question of sentence, and then pass sentence on him according to law.

Previous conviction (Section 236)

In a case where a previous conviction is charged under the provisions of Sub-Section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon. Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.

 

 

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Criminal law

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