Trial Before a Court of Session

Old procedure of conductiong inquiry by a mag on police report has been abolished.
225-237 precribe the procedure for trial by SC(Sessions Court). The system of trial by jury
has also been abolished.
The ch deals with 2 types of cases:
1. Cases falling under 209 (Cases exclusively triable by SC)
2. Cases falling under 199(2) (i.e. where SC takes cognizance of an offence)
The trial before SC must proceed and be dealt with continuously from its inception to its
finish. Once the trial commences, except for a very pressing reason which makes an
adjournment inevitable, proceed until the trial is concluded.
The trial before a SC could be summarized as below:
1. Trial to be conducted by public prosecutor:
a. In every trial before SC, the prosecution shall be conducted by public
prosecutor. 225
2. Opening cases for prosecution:
a. When the accused appears or is brought before the court in pursuance of a
commitment of case under 209, the prosecutor shall open his case by
describing the charge brought against the accused and stating what evidence
he proposes to prove the guilt of the accused. 226
b. Guiding principles: Some well-established forerules as to opening may be stated
here for guidance:
1. the charge against the accused should be clearly and consicsely stated
by describing it. The offence should be described in plain language avoiding legal
jargon as much as possible.
2. the leading facts of the case upon which the prosecution relies should
then be briefly stated with precision and clarity arranged in orderly succession so
as to give continous and so far as possible, chronological narration, that is to say,
what are the items/pieces of evidence on which prosecution will rely adn which
the prosecution will prove to establish the charge against the accused. Nothing
should be stated that has no direct hearing upon the issue or which cannot be
proved. A case should never be overstated.
3. In opening the case, the prosecutor can only state all that it is proposed
or intended to prove the declaration of the accused or facts so that the judge may
see iff there is any discrepancy between the opening statements and the evidence
presented later. Nothing should be said in the opening satement in anticpation of
the defence that will be set up. The prosecution will have the opportunity in
summing up or reply.

3. Discharge of accused:
a. After considering the record of the case, and after hearing the submission of
the parties, if the court considers that there is no sufficient grounds for
 proceeding against the accused, it shall discharge him and record its reasons
for doing so.
b. At the INItial stage of the trial, the truth, veracity snd effect of the evidence
ehich the prosecutor proposes to adduce are not to be meticulously judged.
The court is only to see whether the material on record is such on which a
conviction can be said to be reasonable possible.
4. Framing of charges:
a. After considering the record of the case and after hearing the parties, if the
ourt considers that there is ground for presuming that the accused has
committed an offence:
i. Which is not exclusively triable by SC, the court may frame a charge
against the accused and transfer the case for trial to CJM
ii. Which is EXCLUSIVELY triable by SC, that court shall frame in
writing a charge against the accused (228(1). The Charge shall be read
and explained to the accused and the accused shall be asked whether
he pleads guilty of the offence (228(2))
b. The standard of test , proof and judgment which is to be applied finally
before finding the accused guilty or otherwise, is NOT exactly to be applied
at the stage of 227 or 228.
c. The court’s duty is to find out whether a prima facie case has been made out.
d. While court is required to pass a reasoned order u 227, there is no such
requirement in 228
e. Also, just the fact that the offence disclosed is not exclusively triable by it
does not dicest it of juris
i. Also, when an offence is not triable exclusively by SC, it is NOT
mandatory that it should order transfer of case to CJM
ii. In case of two cases, where it can try only one, it could try BOTH the
cases.
5. Conviction on plea of guilty;
a. If accused pleads guilty, the judge must record a plea, and in his discretion,
he may convict him on such plea. 229
b. The plea of guilty amounts to an admission that the accussed committed the
acts alleged.
c. The accused should plead by his own mouth and not through his counsel..
d. Plea of guilt might be advanced by an accused at any stage after framing
charges.
e. Court has dicretion to convict the accused when he pleads guilty or to
proceed with trial.
f. The proper exercise of discretion is of considerable importance in the case of
PERSONS TRIED JOINTLY, when some plead guilty and others claim to be
tried.
6. Date for prosecution evidence:
a. S 230
b. There are four pleas in criminal trial:
i. Previous acquittal
ii. Previous conviction
 iii. Pardon
iv. Not guilty
c. Only in the last, the prosecution has to disprove it otherwise the burden is on
the accused to prove.
d. It is the duty of the court to take all necessary steps to compel the attendance
of witnesses.
e. The accused cant be acquitted on the ground of failure of witnesses to appear
before the court or absence if prosecutor
7. Evidence for Prosecution:
a. 231
b. It is the duty of the proseciution to examine all material witnesses essential
for unfolding the prosecution story, whether in the result the effect of that
testimony is for or against the prosecution.
c. If the accused pleads to be tried, the magistrate shall fix a date for the examination
of prosecution witness. The magistrate may also issue summons to secure the
attendance of such witness, if the prosecution applies for it. On the date fixed, the
magistrate shall record all prosecution evidence followed by cross-examination
and re-examination if necesssary.
d. There is no right to reserve cross-examination but the Court has discretion to
allow the cross-examination of any witness to be deferred until the cross-
examination of any other witness or the recall of a witness for further cross-
examination.
8. Acquittal of accused:
a. 232
b. The words “no evidence’ implies that there is upon the record only such
evidence which (even if perfectly true0 would not amount to legal proof of
the offence against the accused.
c. Words not to be read as meaning ‘no satisfactory, trustworthy or conclusive
evidence’
9. Evidence for the defence:
a. S 233
b. If the accused applies for the issue of any process for compelling the
attendance of any witness or the production of any document/thing, the
judge shall issue such process unless he considers, that such application
should be refused
c. This is the second stage where the accused is called upon to enter his defence
10. Arguments:

After the close of prosecution evidence, the prosecutor may make arguments in support
of his case, and before the conclusion of his arguments, may also file a written memorandum of
arguments after supplying a copy to the opposite party, which shall form part of the record.
6. As the prosecution case is closed, the magistrate shall examine te accused personally to
enable him to explain the circumstances appearing in the evidence against him as enjoined by
Section 313. Thereafter the accused shall be called upon to enter his defence and produce his
evidence and if any written statement is put in, it shall be filed with the record. The magistrate
shall also issue process for attendance of process for every witness, including prosecution
witness once examined if applied for by the defence. Unless he refuses summons on any such
witness considering the same to be vexatious or for making delay or defeating the ends of justice
on recording grounds.
8. On the adjourned date, when the defence stage of hearing begins, the magistrate shall
record further cross-examination of prosecution witnesses as hsa been recalled and all the
evidence of all defence witnesses followed by cross-examination and re-examination if
necessary. after the close of defence evidence, the accused or his counsel may make arguments
in support of the case and before the conclusion of arguments may also file a wrtiien
memorandum of arguments after supplying a copy to the prosecution which shall form a part of
the record.
After the close of prosecution evidence, the prosecutor may make arguments in support
of his case, and before the conclusion of his arguments, may also file a written memorandum of
arguments after supplying a copy to the opposite party, which shall form part of the record.
6. As the prosecution case is closed, the magistrate shall examine te accused personally to
enable him to explain the circumstances appearing in the evidence against him as enjoined by
Section 313. Thereafter the accused shall be called upon to enter his defence and produce his
evidence and if any written statement is put in, it shall be filed with the record. The magistrate
shall also issue process for attendance of process for every witness, including prosecution
witness once examined if applied for by the defence. Unless he refuses summons on any such
witness considering the same to be vexatious or for making delay or defeating the ends of justice
on recording grounds.
8. On the adjourned date, when the defence stage of hearing begins, the magistrate shall
record further cross-examination of prosecution witnesses as hsa been recalled and all the
evidence of all defence witnesses followed by cross-examination and re-examination if
necessary. after the close of defence evidence, the accused or his counsel may make arguments
in support of the case and before the conclusion of arguments may also file a wrtiien
memorandum of arguments after supplying a copy to the prosecution which shall form a part of
the record.