As per the scenario you have mentioned, let me brief you about section 209 of CrPC.
Initially, a Magistrate takes cognizance of an offense and thereafter as per Section 209, he will commit the case to the Court of Sessions. Under Section 209, if it appears to the magistrate that the offense is triable exclusively by the Court of Session, he may commit the case to the Court of Session and send all the documents and records to it and either grant bail or remand the accused into custody and shall also notify the Public Prosecutor.
When the magistrate commits a case, under Section 209, to the Court of Session and the accused appears or is brought before the Court, the prosecutor is required to open his case by explaining the charge against the accused, and states the evidence by which he will prove the guilt of the accused. At this stage, full details of the evidence need not be stated. The opening of the prosecution case must only be to matters, which are necessary to follow the evidence. It is not necessary for a Public Prosecutor, in opening the case for the prosecution to give full details of the evidence with which he intends to prove his case.
In the above case, they are not punished yet.
Hope it helps,