MODULE 4

Trial by Session Court

• Once the Police Report is filed, competent magistrate
takes cognizance of the case and if it is found that the
case is triable by the Court of Session then it is
committed to it under Section 232 of CrPC.
• The Session Trial is contained under Section 248– 260
which are enumerated as follows
• Trial to be Conducted by Public Prosecutor - As per Section 248 of CrPC,
in every trial, a Court of Session, the prosecution shall be conducted by
a Public Prosecutor.
• Opening Case of Prosecution - Section 249 mentions that when the
accused appears or is brought before the Court in pursuance of a
commitment of the case under Section 232, the prosecutor shall open
his case by describing the charge brought against the accused and
stating by what evidence he proposes to prove the guilt of the accused.
• Discharge of Accused - As per Section 250 of the Code, after considering
the record of the case, and after hearing the submission of the parties, if
the court considers that there is no sufficient ground for proceeding
against the accused, it shall discharge him and record its reasons for
doing so.
• Framing of Charge - As per Section 251(1) of CrPC, after considering
the record of the case and after hearing the parties, if the Judge
considers that there is ground for presuming that the accused has
committed an offence which is exclusively triable by the Session
Court, that court shall frame in writing charges against the accused.
• Also, as per Section 251(2) of the Code, the charge shall be read and
explained to the accused and the accused shall be asked whether he
pleads guilty of the offence charged or claimed to be tried.
• Conviction on Plea of Guilty - As per Section 252 of CrPC, if the
accused pleads guilty, the Judge shall record the plea and may, in his
discretion, convict him thereon.
• Plead Guilty – It means to take responsibility for or to confess to a
crime that one has committed.
• Date for Prosecution Evidence - As per Section 253 of the Code, if the
accused refuses to plead guilty or does not plead guilty, or claims to be
tried, or is not convicted despite pleading guilty, the Judge must fix a
date for examination of witnesses. On the application of the
prosecution, the judge may also issue any process for compelling the
attendance of any witness or the production of any document, etc.
• Evidence for Prosecution - As per Section 254(1) of the Code, on the
date fixed under Section 253, the Court shall proceed to take all such
evidence as may be produced in support of the prosecution.
• According to Section 253(2) of CrPC, the court may permit the cross
examination of any witness to be deferred until any other witness has
been examined or recall any witness for further cross examination.
• Acquittal of Accused - As per Section 255 of CrPC, after
taking the evidence for the prosecution and examining
the accused, the court shall hear the parties
(prosecution and defence) and then if it considers that
there is no evidence that the accused committed the
offence, it shall record an order acquitting him.
• Hanif v State of Maharashtra(1981) : the object of this
section is to expediate the conclusion of the session
trial and at the same time,to avoid unnecessary
harassment to the accused by calling upon him to
adduce evidence or to avoid the waste of public time
when there is not evidence
• Evidence for the Defence - As per Section 256(1) of CrPC, if the accused is
not acquitted, he shall be called upon to enter on his defense and adduce
any evidence in support of his defense. According to Section 256(2) of CrPC,
if the accused submits any written statement, the judge shall file it with the
record.
• As per Section 256(3) of CrPC, if the accused applies for the issue of any
process for compelling the attendance of any witness or production of any
document/thing, the judge shall issue such process unless he considers
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.
• If the judge does not think it proper to acquit the accused under this section,
he has to call on the accused to enter on his defense and it is that stage at
which the accused person is under duty to apply for process of summons for
the defense witness. (Prem v State of Haryana(1975))
• Arguments - Section 257 of the Code directs that after the evidence for
the defence is concluded it is for the prosecution to sum up the case,
and then the defence is entitled to reply.
• Provided that where any point of law is raised by the accused or his
pleader, the prosecution may, with the permission of the Judge, make
his submission with regard to such point of law.
• Judgement - As per Section 258 (1) of CrPC, after hearing arguments
and points of law if any, the judge shall give a judgement in the case.
• The object of this sections is to give a fresh opportunity to the
convicted person to bring to the notice of the Court such
circumstances as may help the Court in awarding appropriate sentence
having regard to the personal,social and other circumstances of the
case (Tarlok Singh v State of Punjab (1977))
• Previous Conviction – Section 259 CrPC provides that in a
situation where a person is accused of a previous conviction
according to a specific law provided under sub-section 7 of
section 234, and the accused denies having that previous
conviction, the Judge can decide to hear evidence about this
alleged prior conviction after the accused has already been
found guilty under section 252 or section 258.
• However, before the accused is convicted under section 252 or section
258, the Judge should not mention or ask the accused about the
previous conviction, and the prosecution should also not bring it up
during the trial.
• It's only after the accused is found guilty of the current charges that
the issue of the alleged previous conviction will be addressed.
Trial of Warrant Case by Magistrate
• Cases Instituted otherwise than on Police Report (261-266)
Compliance with section 230 : before the commencement of the
trial the Magistrate shall satisfy himself that the accused has
been supplied with the copies of the Police Report, FIR,
Statement recoded by the police from witnesses and other
documents as provided under S 230.
Discharge of the accused. If upon police report and other
documents the Magistrate considers the charge against the
accused to be groundless he shall discharge the accused and
record his reasons. The discharge of the accused under this
section should be for the reason that the charge of accusation is
groundless.
• Framing of charge
• Conviction of Plea of Guilty
• Evidence of Prosecution
• Examination of the accused
• Evidence for defense
The accused shall be called upon to enter upon his defense and produce his
evidence.
After examination of the accused the Magistrate shall call upon the accused to enter
upon his defense and to produce his evidence. It is right of the accused to be called
upon to enter upon his defense and produce his evidence and an omission to ask his
to do so is flaw in the trial. The Magistrate must give all reasonable opportunity to
the accused to produce his evidence ( Rasik Behrj v State of UP (1973))
Arguments
Acquittal or Conviction
• Trial of Cases instituted otherwise than on Police Report (267-271)
• Evidence of Prosecution:
The trial of the warrant case instituted otherwise than on a Police
report commences when the accused appears or is brough before a
magistrate. The Magistrate shall proceed to hear the prosecution and
take all such evidence as may be produced in support of the
prosecution (Gandhari Lal v State of HP(1980))
• Discharge of the accused
• Procedure where accused is not discharged: if the magistrate is of
the opinion that there is ground for presuming that the accused has
committed an offence triable by him, he shall frame in writing a
charge against the accused
• The charge shall then be read and explained to the accused and he
shall be asked whether he pleads guilty or has any defense to make.
• If the accused pleads guilty, the Magistrate shall record the plea and
may in his discretion convict him thereon
• If the accused refuses to plead or does no plead or claims to be tried
he shall be required to state whether he wishes to cross-examine any,
and if which of the witnesses for the prosecution whose evidence has
been taken.
Court’s Power and duty to examine the accused person
Evidence for defense
Arguments
Acquittal and conviction
Trial of summons case by magistrate

• Explaining the substance of the accusation to the

accused
• Conviction of plea of guilty
• Hearing of the Prosecution Case
• Arguments on behalf of the Prosecution
• Personal Examination of the accused
• Hearing of the defense case
• Arguments
• Acquittal or Conviction