Trial
james
(Querist) 14 August 2011
This query is : Resolved
how to proceed a trial when a new charge sheet with different sections of law on the basis of further investigation is filed at the fag end of trial?justify with rulings.
whether denova trial is required?
whether another trial to be conducted after
completing first?
whether after framing charges remaining witnesses in the new list to be examined and added to the first trial?
Rajarshi Bhowmik
(Expert) 15 August 2011
Please note there is no fixed theory in law practice and every thing has to be asserted on its merits. Generally when a supplementary charge sheet has been submitted prescribing separate/ added sections firstly prosecution has to prey before the trial court for framing fresh charge bu providing the copies of the documents and statements in which prosecution considers that the accused has committed the offense then if the defense think there is no ground to do so defense has every rite to raise objection and go for a charge hearing and in that case if the trial court after hearing booth prosecution and defense agrees with the defense it will not allow the prayer of the prosecution but if disagrees with the defense then charge will be framed a fresh and trial will be commenced accordingly at this juncture court may adopt the evidences recorded earlier before the court if not objected by the defense, if the earlier one is in the side of the defense the accused should not only remain silent but pray for the adoption but if it is in reverse then defense should raise strong objection and pray for fresh examination of the witnesses and documents. Prosecution enjoys the privilege to decide which witnesses will be examined and if prosecution considers that the remaining witnesses needs to be examined or by examining them their case will be proved the remaining witnesses will be examine. For further details please visit www.rajarshibhowmik.webs.com
Shastri J.K.
(Expert) 15 August 2011
Yes, framing charges remaining witnesses in the new list to be examined and added to the first trial.For further details u can cntact on mob. no.9826684576
james
(Querist) 15 August 2011
The are certain procedure for trial.Discharge or framing charges are part of it.(Section 239,240 crpc) Sec.216 and 217 crpc also come into play.what is the setteled position? Fortify with rulings
Rajarshi Bhowmik
(Expert) 17 August 2011
thanks to Mr Tom and Mr. Makkad. In reply to Mr James Section 239/240 empowers the magistrate and section 216/217 empowers the Judges to deal with. For furtherance visit www.rajarshibhowmik.webs.com or call 9832043582
james
(Querist) 17 August 2011
sec 216 and 217 are related with alteration of charges and recalling witnesses which is applicable in all criminal trials
