(edited) trial before session court PDF

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it is to explain how trial court works...

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TRIAL BEFORE THE COURT OF SESSION

INTRODUCTION The Court of Session takes control on the consequential matters of crime and pronounce its judgement according to the hearing taken place and evidences presented in a Court at district level. It cannot take any action of judicial notice directly, except in the special Cases. Prima facie, magistrate has to take in the notice of criminal matter and after evaluating the seriousness of the crime, the case is then transferred to the session court for its trial. Trial before a session court is prescribed under Chapter 18 [ CITATION RamanCrPC \l 16393 ] of Criminal Procedure Code. Criminal trial can be categorized into Magestrial Trial and Session Trial. The purpose of a trial is to vanquish Criminality and provides equal punishment as per the crime done by the guilty.

PROCEDURE OF THE TRIAL Trial before a Court of Session is done by Public Prosecutor representing state. Complainant can appoint an advocate with the permission of court, who has to work under as per the directions of the prosecutor. If appointing private advocate, he can submit written arguments. Accused have right to appoint an advocate for defending himself and if he is not financially stabilized then court shall assign an advocate for accused. Some legal documents are to be supplied to accused person which consists copy of police report, FIR statement of prosecution etc. as per mentioned in the Section 207 and Section 208 of Criminal Procedure Code. OPENING OF THE CASE U/S 226 As per Section 226 of the Criminal Procedure Code, prosecutor shall open the case by briefing the charge and evidences before the court in the favour of prosecution. In the opening of a case prosecutor must focus on witnesses and evidences which are going to be appeared before the session court. DISCHARGE OF ACCUSED U/S 227 . After following the principle of Audi Alteram Partem and recognizing the charges brought before the Court and the evidences claimed if there is no acceptable evidence or no offence is found for proceeding the case against

accused, court shall discharge the accused under Section 227 of Code for Criminal Procedure [ CITATION vai19 \l 16393 ]. In Rukmini Narvekar v. Vijaya Satardekar1 it was held that accused cannot produce any evidence in the time of framing sentences, the materials which are specified under Section 227 of Criminal procedure code were to be taken into consideration

FRAMING OF CHARGES U/S 228 Section 228 of Code for Criminal Procedure, provides us with the framing of charges. Here, no evidence is required from the side of accused as suspicion alone is enough in framing of the charge against him, if the evidences and witnesses are of such nature on whom the trust can be built. As the court cannot go into the accuracy of evidences at this stage. If the offence is not meant to be dealt by Court of Session. Here, after framing the charges the case is then transferred to the Judicial Magistrate for trial. CROSS EXAMINATION U/S 231(2) If the particular case continue its trial before a court of session then accused is asked whether he pleads guilty or want to have trial, if the accused pleads guilt, the plea shall be recorded and the accused can be convicted. If the accused refuses to plead guilt, the date of examination and issue of any document is given by the Judge. On the date given, oral evidences and documentary evidences are to be appear before the Judge. Witnesses should be examined-inchief and then cross examined by the opposite party and again re-examined by the party calling him (examined-in-chief). The judge has enough circumspection to defer the cross examination under Section 231(2) of Code for Criminal Procedure.

If accused gives in written, that he may be called as a witness. Accused can submit any written statement in his defence, Under Section 233 (2) of Code of Criminal Procedure.

Judge can take any part of oral evidences for question however, it can be noted down in the form of narration, which is to be read by the witness and if he 1 (2008) 14 SCC 1

denies any part that testimony, the correction is made along with remarks of the judge. Prosecutor has to submit its oral and written arguments before the examination of accused. The accused shall be questioned on the case as mentioned Under Section 313 of Criminal Procedure Code. If the prosecution party refuse to place evidences before the accused then the court will deny to rely upon. ACCUSED AS A WITNESS U/S 315 The accused may be acquitted even after hearing of both the parties – prosecution and defence, evidence presented and if the court considers no satisfactory evidence and reliable raised arguments to prove that the accused committed the offence. If accused is not acquitted he may be asked for his witness or evidence to be brought before session court. Accused can give evidence as a competent witness under Section 315 of Code of Criminal Procedure. In State of Himachal Pradesh v. Krishan Lal 2 it was held that no successor judge could pass order of discharge. As in this case, Hon’ble Supreme Court sssfound enough matter on ground and judge found it to be a prima facie case but his successor judge derived to the conclusion to pass an order of discharge. JUDGEMENT U/S 235(2) After the examination of the witness, prosecutor sum up the case and defence sum up it’s rely. Then after the producing of evidences before court and summing up of all the trials taken place, judge shall pronounce its judgement. Before pronouncing or passing the sentence the court re-hear for the last time on the case to decide the particular punishment or proper sentence that should be given to offender. Then Under Section 235 (2) of code of criminal procedure can pass any sentence for the offence commits as per the law. CONCLUSION This article provides precis of the procedure of trial of session court. The code for criminal procedure provides fair justice to prosecution and to defence. It gives equal rights to both the parties to raise their arguments and the court on the expenses of the state provide an advocate to the defendant if he is not financially stabilized. The trial of session court goes through every oral and written evidence submitted by the parties and then take decision without committing any miscarriage of justice. Every judge make sure that the accused must not wrongly be convicted and at the same time judge also ensure that the offender must not be acquittal. It provides an equal platform to both parties to 2 AIR 1987 SC 773

state the case before the court. Hence, justice giver are equal for prosecution and for defence, offender gets punishment and party at no offence gets justice....