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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.
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”.
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.
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.
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.