HIDAYATULLAH NATIONAL LAW UNIVERSITY,

RAIPUR

TRIAL BEFORE A COURT OF SESSIONS

SUBMITTED TO-

MR MOHAMMAD ATIF KHAN

SUBMITTED BY-

LEKHA AJGALLEY

ROLL NO-63

SEM- VII(C)

B.A, L.L.B(Hons.)

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ACKNOWLEDGEMENTS
I feel highly elated to work on this dynamic topic on Trial Before A Court Of Sessions

The practical realization of this project has obligated the guidance of many persons. I express my
deepest regard for our faculty Mohammad Atif Khan. His consistent supervision, constant
inspiration and invaluable guidance and suggestions have been of immense help in carrying out
the project work with success.

I extend my heartfelt thanks to my family and friends for their moral support and encouragement.

Lekha Ajgalley

Roll no-63

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TABLE OF CONTENTS

1. ACKNOWLEDGEMENTS2
2. RESEARCH STRUCTURE.................................4
3. OBJECTIVE5
4. SURVEY OF LITERATURE6
5. HYPOTHESIS.7
6. RESEARCH QUESTIONS7
7. INTRODUCTION..8
8. STAGES FOR TRIAL BEFORE A SESSIONS COURT.11
9. RELEVANT PROVISIONS UNDER TO SESSIONS TRIAL15
10. SOME RELEVANT CASES:19
11. CONCLUSION AND SUGGESTION..23
12. BIBLIOGRAPHY.24

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RESEARCH STRUCTURE

This research paper is descriptive and analyticala doctrinal in approach. It is largely based on
secondary sources. Books and other references are primarily helpful for the completion of this
project.

For the present project relevant data and information has been received and collected from
secondary sources and there has been use of authentic books and websites which provided
reliable information and data.

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OBJECTIVE
Project on Trial Before The Court Of Sessions has the following objectives-

To understand the trial procedure before a sessions court

To outline the relevant sections related to trial.
To understand the sections with the help of relevant case laws
To analyse chapter-XVIII of Cr.P.C i.e section 225 to section 237

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SURVEY OF LITERATURE
for the making of this project, various primary and secondary sources have been used. List of
books that have been referred are-

1. Ratanlal Dhirajlal, Criminal Procedure Code, (1999) Universal, Delhi

2. Pillai, Chandrashekharan (5th Ed.) Kelkars Outlines Of Criminal Procedure (2001,
Eastern, Lucknow)

Similarly, various websites have been of immense help. Important among them are-

1. https://www.kaanoon.com/indian-law/crpc-225/
2. http://www.shareyouressays.com/115031/section-227-of-code-of-criminal-procedure-
1973-cr-p-c-explained
3. http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=5875
4. spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
5. http://gunturonline.in/crpc.pdf

Code Of Criminal Procedure 1973 bare act has also been referred.

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HYPOTHESIS
Trial is the judicial adjudication of a persons guilt or innocence. The Code of Criminal
Procedure, 1973 (the CrPC) is the procedural law providing the machinery for punishment of
offenders under the substantive criminal law. In general parlance, we understand trial means that
a person is facing a case in court of law.

RESEARCH QUESTIONS
1. What is the procedure followed during the trial in the sessions court?
2. What are the relevant provisions under Cr.P.C dealing with trial?
3. How cases are decided under the light of chapter XVIII of Cr.P.C?

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INTRODUCTION
The Code of Criminal Procedure, 1973 (the CrPC) is the procedural law providing the machinery
for punishment of offenders under the substantive criminal law, be it the Indian Penal Code,
1860 or any other penal statute. Trial is the judicial adjudication of a persons guilt or innocence.
Under the CrPC, criminal trials have been categorized into three divisions having different
procedures, called warrant, summons and summary trials.

The CrPC contains elaborate details about the procedure to be followed in every investigation,
inquiry and trial, for every offence under the Indian Penal Code or under any other law. It
divides the procedure to be followed for administration of criminal justice into three stages:
namely investigation, inquiry and trial. A trial is a proceeding by which a person is proved either
guilty or innocent and accordingly a sentence is passed for the purpose. The Code of Criminal
Procedure provides for trial at four forums:

Court of Session
Trial of Warrant Cases
Trial of Summons Cases
Summary Trial

Sections 225 to 237 talk of trial before a sessions court.

Section 226: Prosecution opens his case;

Section 227: Discharge application, if any filed by the accused;
Section 228: Where the Ld Sessions judge rejects the said Discharge application, he will
proceed to frame charges against the accused person;
Section 230: At the instance of the prosecution, summons are issued to the witnesses;
Taking of evidence of prosecution witnesses;
Section 232: After taking such evidence, the Ld Sessions Judge may acquit the accused;
Section 233: Defence of the accused written statements any other evidences any
witnesses;

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 Section 234: Closing of Evidence Summing up of arguments by the prosecution and by
the accused
Section 235: Judgment

Depending on the gravity of the offences and the punishment prescribed therefor,
criminal trial under the Code of Criminal Procedure, 19731 has been classified into two parts
viz., Magisterial trial and Sessions trial. The first schedule to the the Code is divided into two
parts namely, Part I and Part II. Column I of the first part of the first schedule enumerates the
list of offences punishable under the Indian Penal Code and Column 6 thereof indicates the court
by which those offences are triable. Those courts are either the Magistrates courts or the courts
of Session. The second part of the first schedule deals with offences punishable under other laws.
In the absence of any specific provision under such other laws regarding investigation, inquiry
or trial, the procedure prescribed under the Code for the same shall be applicable by virtue of
Section 4(2) of the Code. If under the special law offence is punishable with imprisonment for
life or imprisonment for more than 7 years, then by virtue of the second part of the first schedule
to the Code the offence shall be triable by a Court of Session.

1
hereinafter referred as 'the Code'

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STAGES FOR TRIAL BEFORE A SESSIONS
COURT

Chapter XVIII of the Code starting with Section 225 and ending with Section 237 and same deal
with provisions governing the trial before a Court of Session. Section 225 of the Code enjoins
that in every trial before a Court of Session the prosecution shall be conducted by a
Public Prosecutor. Section 193 of the Code provides that except as Points to be kept in mind
while trying Session cases.

The common features of the trials in all three of the aforementioned procedures may be roughly
broken into the following distinct stages:

1. FRAMING OF CHARGE OR GIVING OF NOTICE

This is the beginning of a trial. At this stage, the judge is required to sift and weigh the evidence
for the purpose of finding out whether or not a prima facie case against the accused has been
made out. In case the material placed before the court discloses grave suspicion against the
accused that has not been properly explained, the court frames the charge and proceeds with the
trial. If, on the contrary, upon consideration of the record of the case and documents submitted,
and after hearing the accused person and the prosecution in this behalf, the judge considers that
there is not sufficient ground for proceeding, the judge discharges the accused and records
reasons for doing so.

The words not sufficient ground for proceeding against the accused mean that the judge is
required to apply a judicial mind in order to determine whether a case for trial has been made out
by the prosecution. It may be better understood by the proposition that whereas a strong
suspicion may not take the place of proof at the trial stage, yet it may be sufficient for the
satisfaction of the court in order to frame a charge against the accused person.

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The charge is read over and explained to the accused. If pleading guilty, the judge shall record
the plea and may, with discretion, convict him. If the accused pleads not guilty and claims trial,
then trial begins. Trial starts after the charge has been framed and the stage preceding it is called
inquiry. After the inquiry, the charge is prepared and after the formulation of the charge, trial of
the accused starts. A charge is nothing but formulation of the accusation made against a person
who is to face trial for a specified offence. It sets out the offence that was allegedly committed.

2. RECORDING OF PROSECUTION EVIDENCE

After the charge is framed, the prosecution is asked to examine its witnesses before the court.
The statement of witnesses is on oath. This is called examination-in-chief. The accused has a
right to cross-examine all the witnesses presented by the prosecution. Section 309 of the CrPC
provides that the proceeding shall be held as expeditiously as possible and in particular, when the
examination of witnesses has once begun, the same shall be continued day-to-day until all the
witnesses in attendance have been examined.

3. STATEMENT OF ACCUSED

The court has powers to examine the accused at any stage of inquiry or trial for the purpose of
eliciting any explanation against incriminating circumstances appearing before it. However, it is
mandatory for the court to question the accused after examining the evidence of the prosecution
if it incriminates the accused. This examination is without oath and before the accused enters a
defence. The purpose of this examination is to give the accused a reasonable opportunity to
explain incriminating facts and circumstances in the case.

4. DEFENCE EVIDENCE

If after taking the evidence for the prosecution, examining the accused and hearing the
prosecution and defence, the judge considers that there is no evidence that the accused has
committed the offence, the judge is required to record the order of acquittal.

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However, when the accused is not acquitted for absence of evidence, a defence must be entered
and evidence adduced in its support. The accused may produce witnesses who may be willing to
depose in support of the defence. The accused person is also a competent witness under the law.
The accused may apply for the issue of process for compelling attendance of any witness or the
production of any document or thing. The witnesses produced by him are cross-examined by the
prosecution.

The accused person is entitled to present evidence in case he so desires after recording of his
statement. The witnesses produced by him are cross-examined by the prosecution. Most accused
persons do not lead defence evidence. One of the major reasons for this is that India follows the
common law system where the burden of proof is on the prosecution, and the degree of proof
required in a criminal trial is beyond reasonable doubt.

5. FINAL ARGUMENTS

This is the final stage of the trial. The provisions of the CrPC provide that when examination of
the witnesses for the defence, if any, is complete, the prosecutor shall sum up the prosecution
case and the accused is entitled to reply.

6. JUDGMENT

After conclusion of arguments by the prosecutor and defence, the judge pronounces his judgment
in the trial. Here it is relevant to mention that the CrPC also contains detailed provisions for
compounding of offences. It lists various compoundable offences under the Indian Penal Code,
of which 21 may be compounded by the specified aggrieved party without the permission of the
court and 36 that can be compounded only after securing the permission of the court.
Compounding of offences brings a trial to an end.

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Under the CrPC an accused can also be withdrawn from prosecution at any stage of trial with the
permission of the court. If the accused is allowed to be withdrawn from prosecution prior to
framing of charge, this is a discharge, while in cases where such withdrawal is allowed after
framing of charge, it is acquittal.

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RELEVANT PROVISIONS UNDER TO
SESSIONS TRIAL

Section 225 states that for every trial the prosecution will be conducted by the Public
Prosecutor., appointed under section 24 of the code. It was held in Niranjan Singh v J.B. Bijja2
the PP so appointed shall evaluate the material and documents necessary for the prosecution.

Section 226 states that the prosecution shall start the case by describing the facts, the charge
against the accused and the evidence he is going to use for the case, to prove the accused guilty.
After such submission of the PP if the court finds that the evidences are not sufficient then he can
discharge the accused. The SC laid various guidelines in the Alamoham Das v State of West
Bengal as under:

(1) That the Judge while considering the question of framing the charges under section 227 of the
Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding
out whether or not a prima facie case against the accused has been made out:

(2) Where the materials placed before the Court disclose grave suspicion against the accused
which has not been properly explained the Court will be, fully justified in framing a charge and
proceeding with the trial.

2
AIR 1990 SC 1962

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(3) The test to determine a prima facie case would naturally depend upon the facts of each case
and it is difficult to lay down a rule of universal application. By and large however if two views
are equally possible and the Judge is satisfied that the evidence produced before him while
giving rise to some suspicion but not grave suspicion against the accused, he will be fully within
his right to discharge the accused.

(4) That in exercising his jurisdiction under section 227 of the Code the Judge which under the
present Code is a senior and experienced Judge cannot act merely as a Post office or a mouth-
piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of
the evidence and the documents produced before the Court, any basic infirmities appearing in the
case and so on. This however does not mean that the Judge should make a roving enquiry into
the pros and cons of the matter and weigh the evidence as if he was conducting a trial. We shall
now apply the principles enunciated above to the present case in order to find out whether or not
the courts below were legally justified in discharging the respondents. The Supreme Court, in the
case of Alamoham Das v. State of West Bengal3, had also observed that a Magistrate holding
inquiry is not intended to act merely as a recording machine. He is entitled to sift and weigh the
materials on record, but only for seeing whether there is sufficient evidence for conviction. If
there is no prima facie evidence or the evidence is totally unworthy of credit, it is his duty to
discharge the accused, and if there is some evidence on which a conviction may reasonably be
based, he must commit the case.

Section 228 deals with framing of charges. When the person is not discharged under section
227, charges would be framed against him next. In the section 229 the accused can plead guilty
that is, he can accept that he has committed the offence. The judge can then provide for a
sentence according to his discretion. If the accused pleads guilty, the Judge shall record the plea
and may, in his discretion, convict him thereon.

3
AIR 1990 SC 1962

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 However, such a plea should be made by the accused himself and not by his advocate. If the
accused does not plead guilty the trial goes on and the dates of the prosecution evidence are set.
And under section 231 such evidence has to be provided by the prosecution.

Section 231 Evidence for prosecution

1.On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in
support of the prosecution.

2. The Judge may, in his discretion, permit the cross-examination of any witness to be deferred
until any other witness or witnesses have been examined or recall any witness for further cross-
examination

Section 232 Acquittal If 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.

That if there are no substantial evidences provided the person can be acquitted. And if such an
acquittal doesnt take place the accused is allowed to defend him by virtue of section 233.

Section 233 Entering upon defence

1. Where the accused is not acquitted under section 232 he shall be called upon to enter on his
defence and adduce any evidence he may have in support thereof.
2. If the accused puts in any written statement, the Judge shall file it with the record.
3. If the accused applies for the issue of any process for compelling the attendance of any witness
or the production of any document or thing, the Judge shall issue such process unless he
considers, for 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

Under section 234 the arguments have to be submitted and u/s 235 a judgement of acquittal or
conviction has to be given.

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Section 234 Arguments:When the examination of the witnesses (if any) for the defence is
complete, the prosecutor shall sum up his case and the accused or his pleader shall be 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 submissions with regard to such point of law.

Section 235 Judgment of acquittal or conviction

After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.

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.

Section 236 Previous conviction

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.

Section 237 Procedure in cases instituted under section 199(2)

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A Court of Session taking cognizance of an offence under Sub-Section (2) of section 199 shall
try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise
than on a police report before a Court of Magistrate:

Provided that the person against whom the offence is alleged to have been committed shall,
unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a
witness for the prosecution.

Every trial under this section shall be held in camera if either party thereto so desires or if the
Court thinks fit so to do.

If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion
that there was no reasonable cause for making the accusation against them or any of them, it
may, by its order of discharge or acquittal, direct the person against whom the offence was
alleged to have been committed 4 to show cause why he should not pay compensation to such
accused or to each or any of such accused, when there are more than one.

The Court shall record and consider any cause which may be shown by the person so directed,
and if it is satisfied that there was no reasonable cause for making the accusation, it may, for
reasons to be recorded, make an order that compensation to such amount not exceeding one
thousand rupees, as it may determine, be paid by such person to the accused or to each or any of
them.

Compensation awarded under Sub-Section (4) shall be recovered as if it were a fine imposed by
a Magistrate.

No person who has been directed to pay compensation under Sub-Section (4) shall, by reason of
such order, be exempted from any civil or criminal liability in respect of the complaint made
under this section:

Provided that any amount paid to an accused person under this section shall be taken into
account in awarding compensation to such person in any subsequent civil suit relating to the
same matter.

4
other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory

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The person who has been ordered under Sub-Section (4) to pay compensation may appeal from
the order, in so far as it relates to the payment of compensation, to the High Court.

When an order for payment of compensation to an accused person is made, the compensation
shall not be paid to him before the period allowed for the presentation of the appeal has elapsed
or, if an appeal is presented, before the appeal has been decided.

The purpose of this section i.e. Section (as also 228) is to ensure that the accusation is not
frivolous and there is some material for proceeding against the accused. At this stage, the Court
is not to see whether sufficient ground for conviction of the accused exists or not. So also, the
prosecution is not to establish at this stage that the trial is bound to end in conviction of the
accused.

The Supreme Court in Union of India v. Prafulla Kumar, has laid the following principles with
regard to the exercise of power of discharging the accused under Section 227 of the Code

1. The Sessions Judge while considering the question of framing the charges has to sift and
weigh the evidence for the limited purpose of finding out whether or not prima facie case against
the accused has been made out.

2. Where the material placed before the Court discloses grave suspicion against the accused
which has not been properly explained, the Court will be fully justified in framing a charge and
proceeding with the trial.

3. The test to determine whether prima facie case exists or not would depend on the facts of each
case and it is difficult to lay down a Universal rule in this regard.

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4. In exercising his jurisdiction under Section 227, the Judge is not to act merely as a mouth
piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of
evidence and the documents placed before the Court and also any infirmities appearing in the
case. This, however, does not mean that the judge should make a roving inquiry into the pros and
cons of the matter and weigh the evidence as if he was conducting a trial.

The Supreme Court in P. Vijayan v. State of Kerala5, held that Court is empowered to discharge
the accused if two views were possible and one of them gave rise to suspicion only, as
distinguished from grave suspicion. It is not necessary for the Court to consider at this stage
whether trial will end in conviction or acquittal.

5
CRIMINAL APPEAL NO. 19 OF 2010
(Arising out of S.L.P. (Crl.) No. 4708 of 2007)

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SOME RELEVANT CASES:
Where owner of an open field was implicated solely because some opium was recovered from
his field, the High Court set aside the order of framing of charge and directed the Court below to
discharge the accused (i.e. the owner).

In Nilofar v. State of Gujarat6, accused persons were charged under Sections 6 and 9 of the
Immoral Traffic (Prevention) Act, 1956. The statement of victim girls was that accused persons
brought them to particular place where they were to be lured for prostitution. The victim girls
were kept at some place after providing them boarding, lodging and other facilities, only for the
purpose of being offered to willing customers for money.

The Court held that it amounted to detention within the meaning of Section 6 of the Act. It was
further held that even the charges could be framed when material produced by prosecution
indicates strong suspicion about complicity of accused with the crime. Therefore, under these
circumstances, the accused could not be discharged.

In the case of Sayara Bano v. State of Jharkhand7, the offence alleged against the accused was of
kidnapping or inducing or enticing informants minor daughter. The material collected during
investigation and case diary etc. was not suggestive that accused persons were involved in
hatching conspiracy in committing the alleged crime. The accused was, therefore, entitled to be
discharged as no case was made out showing his involvement in the offence alleged against him.

Where in a dowry death case, the father of the victim had lodged an FIR alleging demand of
dowry and torture and the witnesses also revealed estranged relationship between the husband
and the wife, it was held that the judge rightly refused to discharge the accused as there existed a
strong suspicion against the accused husband and therefore framing of the charge against him
was proper and justified.

6
(2004) 3 GLR 2630
7
2006 CriLJ 780, 2005 (4) JCR 419 Jh

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In the case of Kishan Singh v. State of Rajasthan8, the Special Judge, Scheduled Caste &
Scheduled Tribes 9 Act, dropped the charge of attempt to murder under Section 307, IPC and
discharged the accused. But the High Court of Rajasthan set aside the order of discharge in view
of the existence of prima facie case against the accused as was apparent from the injuries on the
victim and the statements of eye-witnesses.

In Bhartendu Singh v. State of Jharkhand10, there was allegation of criminal conspiracy and
attempt to murder against two petitioners. For hatching criminal conspiracy actual presence of
accused at the place of occurrence is not at all material.

The evidence collected during investigation showed that the two petitioners has conspired for
commission of the offence alleged and there was enough material for framing charge against
them. That apart, the trial had already commenced and witnesses were being examined. Under
these circumstances the order rejecting the application for discharge was proper and therefore the
High Court refused to interfere with it.

In Sanghi Brothers (Indore) Pvt. Ltd. v. Sanjay Choudhary11, the Supreme Court clarified that
suspicion about commission of offence and involvement of accused was sufficient to frame
charge against him. In the instant case, the accused took motor cycle on lease from the
complainant. There was non-payment of rent and the accused had allegedly sold the vehicle to
someone without the knowledge of the complainant. The security given by the accused for taking
motor cycle on lease was also found to be the property of some other person. Under the
circumstances, framing of charge under Sections 420, 406 and 34, IPC against the accused was
proper and justified.

8
AIR 1995 CriLJ 3947.
9
Prevention of Atrocities
10
Sessions Trial No. 346/2001, 2005
11
(2008) 10 SCC 681

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CONCLUSION AND SUGGESTION
The Criminal Procedure Code contains elaborate details about the procedure to be followed in
every investigation, inquiry and trial, for every offence under the Indian Penal Code or under any
other law. Chapter XVIII of the Code starting with Section 225 and ending with Section 237
and same deal with provisions governing the trial before a Court of Session. there are mainly
two type of criminal trial categorized as per the gravity of crime and its punishment by different
court i.e court of session and court of magistrate. Trial of Murder, Rape, Attempt to murder and
Sedition etc. are declared triable by Sessions Court. Further, Sessions trial is conducted as
expedite as possible during session, as it is verbal meaning of sessions trial. The common
features of the trials in all three of the aforementioned procedures may be roughly broken into
the following distinct stages: Framing Of Charge Or Giving Of Notice, Recording Of
Prosecution Evidence, Statement Of Accused, Defence Evidence, Final Arguments and
.Judgment

In this era of modernization we hear everywhere boasting of reformation of judiciary. State

Governments and even Central Government has expend too much for judiciary But no one is
thinking of making trial powerful. At the cost of repetition it is required to mention that efficient
criminal justice delivery system can only be possible when independent impartial, intelligent and
eminent Public Prosecution established in the country where the trial procedure is properly
followed. We must not forget cardinal principle that, at whatever position we are working, we
actually serving The people of India. All our efforts should be little but strong oblation towards
Nation

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BIBLIOGRAPHY
BOOKS REFERRED-

3. Ratanlal Dhirajlal, Criminal Procedure Code, (1999) Universal, Delhi

4. Pillai, Chandrashekharan (5th Ed.) Kelkars Outlines Of Criminal Procedure (2001,
Eastern, Lucknow)
5. Code Of Criminal Procedure 1973 bare act

WEB SITES REFERRED-

6. https://www.kaanoon.com/indian-law/crpc-225/
7. http://www.shareyouressays.com/115031/section-227-of-code-of-criminal-procedure-
1973-cr-p-c-explained
8. http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=5875
9. spreadlaw.blogspot.in/2011/11/criminal-trial-in-indian-law.html
10. http://gunturonline.in/crpc.pdf

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