Q: What procedure has been prescribed in Criminal Procedure Code for trial of cases before Sessions Court? Answer: TRIAL BEFORE COURT OF SESSIONS TO BE CONDUCTED BY PUBLIC PROSECUTOR: In every trial before Court of Sessions, initiated upon a police report, the prosecution shall be conducted by the Public Prosecutor. This section limits the class of trials before a Court of Session, which are to be conducted by the public prosecutor to only those which are initiated upon a police report. This provision is clear departure from the old provisions as contained in Section 270 Cr. P.C which did not create any distinction on the basis of the mode of initiation of proceedings of the forum of trial only. The court rejected the contention that after the framing of charge, every case becomes a state case and therefore it has to be conducted by the public prosecutor 1980 P. Cr.L.J 438. PROCEDURE IN CASES TRIABLE BY HIGH COURTS AND COURTS OF SESSIONS: The following procedure shall be observed by the High Courts and the courts of session sin the trial of cases trial by the said courts. SUPPLY OF STATEMENTS AND DOCUMENTS TO THE ACCUSED: 1) In all cases, instituted upon police report, copies of the following documents, shall be supplied free of cost to the accused not later than seven days before the commencement of the trial, namely; i)
the First Information Report, (FIR)
ii)
the Police Report,
iii)
the statements of all witnesses recorded under Section 161 and 164; and
iv)
the Inspection note recorded by an Investigations Officer on his first visit to the place of occurrence and the note recorded by him on recoveries made, if any.
2) In all cases instituted upon a complain in writing: a) the complaint shall; i)
state in the petition on complaint the substance of the accusation, the name of his witnesses and gift of the evidence which he issue likely to adduce at the trial, and
ii)
within three days of the order of the court under Section 204, for issue of process to the accused file in the court for supply to the accused as many copies of the complaint and any other document which he has filed with his complaint as the number of the accused.
b) copies of the complaint and any other documents which the complainant has filed therewith and the statements under Section 200 or Section 202 shall be supplied free of cost to the accused not late than seven days before the commencement of the trial.
SCOPE: In interpreting the scope and range of Section 265-C, Cr.P.C, certain matters have to be borne in mind. The first is the important principle that governs all criminal trials, namely, that the respondent is expected to produce without fear or favour, malice or ulterior motive of any kind, all available evidence which as a material hearing on the case, with the object of placing the truth facts before the Court. The scope of this guarantee of good faith is the bedrock of true justice but the existing value, as they are, leaves much to be derived. OBJECT: The object of Section 265-C, Cr.P.C appears to be to meet the vacuum created by the abolition of commitment proceeding and to make available to the accused, through copes of statement of all witnesses examined by the police, all the available evidence which the prosecution have for the enforcement of the true case before the court. The words “all witnesses” does not particularly mean ‘prosecution witnesses”. WHEN CHARGES IS TO BE FRAMED: If, after perusing the police report, or as the case may be, the complaint, and all other documents and statements filed by the prosecution, the court is of opinion that there is ground for proceeding, which the trial of the accused it shall frame in writing a charge against the accused. PLEA: 1)
The charge shall be read and explained to the accused, and he shall be arrested whether he is guilty or has any defence to make.
2)
If the accused pleads guilty, the court shall record the plea, and may in its discretion convict him thereon.
PLEA OF GUILTY TO CHARGE OF MURDER: Discretion of trial court under sub-section (2) to convict accused after plea of guilty does not authorize it to award conviction without recording prosecution or defence evidence in such case, closing of evidence by prosecution would not be correct and legal. Held: i)
Even if accused pleads guilty than also it is necessary for trail court in case involving punishment of death to record evidence for it would be open to accused to plead any except under Section 300 PPC.
ii)
It would be necessary to provide accused with an opportunity to bring on record circumstances in support of his plea for lesser punishment.
EVIDENCE FOR PROSECUTION: 1) To Hear The Complaint. If the accused does not plead guilty or the court in is discretion does not convict him on his plea, court shall proceed to hear the complaint (if any) and take all such evidence as may be produced in support of the prosecution. Provided that the court shall not be bound to hear nay person as complainant in any case in which the complaint has been made by a Court. 2) Ascertain From The Public Prosecutor: The Court shall ascertain from the Public Prosecutor or as the case may be, from the complaint, the names of any person likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution and shall summon such persons to give evidence before it. 3) Court May Refuse To Summon: The court may refuse to summon any such witness, if it is of opinion that such witness is being called for the purpose of vexation or delay or defeating the ends of justice. Such ground shall be recorded by the court in writing. 4) Examination Of Witnesses: When the examination of the witnesses for the prosecution and examination (if any) of the accused are concluded, the accused shall be asked whether he means to adduce evidence. 5) Filed Written Statement: If the accused puts in any written statement, the Court shall file it with the record. 6) Produce His Evidence: If the accused, or any one of several accused, says that he means to adduce evidence, the court shall call on the accused to enter on his defence and produce his evidence. 7) Issuance Of Process: If the accused, or any one of several accused, after entering on his defence, apples to the Court to issue any process for compelling the attendance of any witness for examination or the production of any document or other thing, the court shall issue such process unless it considers that the application is made for the purpose of vexation or delay the ends of justice such ground shall be recorded by the court in writing.
