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# Zahira Habibullah Sheikh and Others Vs State of Gujrat: Q1. Fair Trial
# Zahira Habibullah Sheikh and Others Vs State of Gujrat: Q1. Fair Trial
# Zahira Habibullah Sheikh and Others Vs State of Gujrat: Q1. Fair Trial
Fair Trial
- The word ‘Fair Trial’ is not defined in CrPC 1973, its common meaning is any trail (formal examination of evidence) after
framing the charge and ends with conviction or acquittal.
# Zahira Habibullah Sheikh and others Vs State of Gujrat
Principles of Fair Trail:
- presumption of innocence - Evidence taken in presence of accused
- independent, impartial and competent judge - cross-examination of prosecution witness
- hearing should be in open court - prohibition of double - jeopardy
- trail in presence of accused - Legal aid
- venue of trial
Fair Trial under Universal Declaration of Human Rights:
- Article 10 – Right to fair hearing and public hearing
- Article 11 – Presumption of innocence
- Types of Bail – Regular Bail (Sec 436,437); Anticipatory Bail (Sec 438); Interim Bail; Default Bail
- Cancellation of Bail – u/s 437(5), 439(2), 389(2)
Q5. Summary Trial
- The objective of summary trial is to disposal of cases speedily.
- There is no appeal in such trail if a sentence of fine not exceeding Rs 200 has been awarded.
- There can be application for revision to High Court.
- Summary Trial deals u/s 260-265 of CrPC 1973.
Sec 260 – Power to try summarily; Sec 261 – Summary trial by Magistrate of the Second Class (punishable by a term
or fine; not exceeding 6 months); Sec 262 – Procedure for Summary Trials; Sec 263 – Record in Summary Trials
Sr number of case; date of commission of the offence; date of the report of complaint; name of the complainant; name,
parentage and residence of the accused; offence of; findings; sentence or the final order; date on which proceedings
terminated; Sec 264 – Judgment in cases trial summarily; Sec 265 – Language of Record and Judgment
## Shivaji Sampat Jagtap Vs Rajan Hiralal Arora, Bombay HC under section 263, 264 not to hold the trial.
Q6. Appeals
- An appeal is a process by which a judgment or order of a subordinate court is challenged before its superior court.
District Court High Court Supreme Court
Appeals deals with Sec 372 – 394.
Sec 372 – No appeal to lie unless otherwise provided
Sec 373 – Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good
behavior.; Sec 374 – Appeals from convictions; Sec 375 – No appeal in certain cases when accused pleads guilty;
Sec 376 – No appeal in petty cases; Sec 377 – Appeal by the State Government against sentence;
Sec 378 – Appeal in case of acquittal; Sec 379 – Appeal against conviction by High Court in certain cases
Sec 380 – Special right of appeal in certain cases; Sec 381 – Appeal to Court of Session how heard
Sec 382 – Petition of appeal; Sec 383 – Procedure when appellant in jail
Sec 384 – Summary dismissal of appeal; Sec 385 – Procedure for hearing appeals not dismissed summarily
Sec 386 – Powers of the Appellate Court; Sec 387 – Judgments of subordinate Appellate Court
Sec 388 – Order of High Court on appeal to be certified to lower Court
Sec 389 – Suspension of sentence pending the appeal; release of appellant on bail
Sec 390 – Arrest of accused in appeal from acquittal; Sec 391 – Appellate Court may take further evidence or direct it
to be taken; Sec 392 – Procedure where Judges of Court of appeal are equally divided
Sec 393 – Finality of judgments and orders on appeal; Sec 394 – Abatement of appeals
Q10. Probation
- ‘Probation’ is derived from the latin word probare, which means to test or to prove.
- The object of criminal law is more inclined towards the reformation of the offender than to punish him.
- Based on the goof behavior of the person who committed crime and in jail with other hardened criminals.
- The main aim behind the Probation of Offenders Act 1958 is to give an opportunity to offenders to reform
themselves rather than turning into hardened criminals
- Sec 360 of CrPC 1973 provide the any person below 21 years of age commits any offence of punishment upto 7
years or not an imprisonment to life can be released probation based on good conduct – sec 4 of Act 1958.
- It is most useful in case of juvenile delinquents.
- It gives hope for the rehabilitation of the offender who have not committed the offence.
- It helps in reducing the crowd towards jails.
## Kishore Prasad Vs State of Bihar (1973) (SC re-instated the object of probation saying that it is to prevent the
conversion of youthful offenders to stubborn criminals)
Q13. Parole
- Parole is a temporary release of prisoner who agree to certain condition before the completion of the sentence period.
- It is a kind of reward granted to prisoner based on the good behavior.
License – Prison authorities granted license to prisoner for parole
Sec 432 – Grant parole for certain period so that person visit to his house to see family members.
- Parole may be a day or months. It’s all depend upon the character and conduct of the prisoner in the prison.
- The person who released on parole is called Parolee
Object: Parole was granted to the offender to reduce overcrowding of prisoner. Parole is second chance of the offender; it
is a correctional process.
Kinds of Parole: Custody Parole – granted in emergent situation and circumstances (any family members - death, marriage,
illness)
Regular Parole – based on good conduct, if any of family member’s marriage or illness or wife’s delivery.
## Kishan Lal Vs State of Delhi (1976)
Q14. Police
- Police was to look after only the ‘Law & Order’. In those centuries the police obedient to the King who was superior.
- The modern police system was imported from Britain and was established in India by the British Rulers.
- Autonomous status which was given to the British police was not given to indian police.
- At that time there was a Village Patel doing the police duties. Later on organization of police started from Village Patel,
Constable, Head Constable, Sub-Inspector of Police, Circle Inspector of Police, Dy Inspector of Police, Superintendent of
Police, Inspector General of Police.
Duties of Police – 1) Investigation – Sec 2(h) Ss 154-176. Investigate the crime, next inquiry and trial. Police entrusted to
investigate into the offence and to arrest the accused. 2) Law & Order – Is essential duty of the police to look after the
law & order in the society.3) Protection of Women and Children. 4) Development of the country.
Reports submission – u/s 157, 168 and 173
Child – Sec 2(12): A person who has not completed 18 years of age (below 18 years)
Child in conflict with law – Sec 2(13): child who is alleged committed an offence and who is below 18 years of age.
Child in need of care and protection – Sec 2(14): Homeless/begging/living on street; Orphan; working as labor;
homeless mentally ill/disabled child; missing/run away child; who is likely to inducted in drug use;
Principles of Act 2015:
i) Principle of presumption of innocence ii) Principle of dignity and worth
iii) Principle of Participation iv) Principle of best interest
v) Principle of family responsibility vi) Principle of safety
vii) Positive measures (facilitating development) viii) Principle of equality and non-discrimination
ix) Principle of right to privacy and confidentiality x) Principles of natural justice