Mohamed Ali (employee) 18 April 2017

Offence punishable other than offence tried by session court

Dear All

If the magistrate frames charges and conducts trial and convicts the accused of the offences exclusively trailable by sessions court and trial initiates then whether the accused is entitle for acquittal for the offences punishable other than offences tried by court of sessions, in the appeal sessions court

opposed the said judgement of conviction the accused challenges this in crminal revision before high court on the ground that the entire trial initiates whether under these circumstances whether the accused entitle for acquittal..

Citation needed pls..

thanks and regards

Ali

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1 Replies

Raveena Kataria (Advocate ) 07 July 2017

Hi!

So you have stated, "If the magistrate frames charges and conducts trial and convicts the accused of the offences exclusively trailable by sessions court and trial initiates.."

Note, a trial cannot commence after the accused has already been convicted/acquitted. I assume that in your case, the magistrate took 'cognizance' of your offenses which were (then) triable strictly by the Court of Sessions. If the magistrate, after taking cognizance, committed your case to the Sessions Court for trial, the proceedings were perfectly valid.

A magistrate can take cognizance of an offence u/s 190 of the CrPC, which clearly states that congnizance taken by him based on the information recieved by someone other than the police or on his own knowledge does not vilify the proceedings.

Please note, there's a difference between taking cognizance, which essentially means taking judicial notice of an offence, and putting the accused to trial for such an offence, (which follows later,) so it can be fairly determined whether or not he/she did commit such an offence.