Code of Criminal Procedure

,1973
Part-I
Sanjith.S
Assistant Professor.
Trial by Sessions Court
Offences under Indian Penal Code,1860-As per the
First Schedule.
Sessions Court can gave any punishment authorized by
law
Death sentence subject to the confirmation of the High
Court.
Prosecution can be conducted only by Public
Prosecutor.
Procedure in Sessions Court
Opening of the Prosecution Case(Sec.226)
Discharge or Framing of Charge(sec.227&sec.228)
State of Bihar v. Ramesh Singh 1977CriLJ1606
If the evidence which the prosecutor proposes to adduce to
prove the guilt of the accused even if fully accepted before
it is challenged in cross-examination or rebutted by the
defence evidence, if any, cannot show that the accused
committed the offence, then there will be no sufficient
ground for proceeding with the trial.
cases
Rajbir Singh vs. State of U.P. and Ors. (08.03.2006 - SC) :
MANU/SC/8018/2006 – quoted the same.
State of Orissa Vs.Debendra Nath Padhi AIR2005SC359-
Accused is not entitled to produce documents in evidence at the
time of framing of charge.

B. Jagdish and Ors. vs. State of A.P. and Ors. (16.12.2008 - SC) :
MANU/SC/8461/2008 (2009)1SCC681- in view the facts and
circumstances of this case, it cannot be said that the materials
brought on record by the complainant, even if given face value
and taken to be correct in their entirety do not disclose an
offence.-discharge
Bharat Parikh vs. C.B.I. and Ors. (14.07.2008 - SC) :
MANU/SC/7850/2008 (2008)10SCC109
At the stage of framing of charge the submissions on behalf
of the accused has to be confined to the material produced
by the investigating agency. The accused will get an
opportunity to prove the documents subsequently produced
by the prosecution on the order of the Court, but the same
cannot be relied upon to re-open the proceedings once
charge has been framed or for invocation of the High
Court's powers under Section 482 of the Code of Criminal
Procedure.
cases
Mauvin Godinho and Ors. vs. State of Goa (17.01.2018 - SC) :
MANU/SC/0071/2018
It is well settled that the Court while framing charges should
apply the prima facie standard. The application of this standard
depends on facts and circumstance in each case, a prima facie
case against the Appellants was said to be made out when the
probative value of the evidence on all the essential elements in
the charge taken as a whole was such that it was sufficient to
induce the Court to believe in the existence of the facts pertaining
to such essential elements or to consider its existence so probable
that a prudent man ought to act upon the supposition that those
facts existed or did happen
Continued
Pleading guilty- Court has discretion to convict or
conduct Trial(sec.229)
Pleaded not guilty or when not convicted by Court on
plea of guilt – Fix date for examination of prosecution
witnesses
Processes should be issued on application of
Prosecution.(sec.230)
Proceedings after framing of Charge.
Evidence for Prosecution.(Sec.231)
Sec.313 Statement
Acquittal prior to entering upon defense-If after taking
the evidence for the prosecution, examining the
accused and hearing the prosecution and the defence on
the point, the Judge considers that there is no evidence
that the accused committed the offence, the judge shall
record an order of acquittal.(Sec.232)
Accused entering upon
defense.(Sec.233)
If the accused is not Acquitted under Sec.232-Entering
upon defense.
Any written statement filed by the Accused need to
recorded in file.
Accused can apply for issue of processes to summon
defense Witnesses
Court can deny the application if it is to delay the
proceedings.-No such mention for Prosecution
Witnesses.
Arguments

After Examination of witnesses of both Sides

Prosecution will sum up the case and defense will reply
later.
If any point of Law is raised by the defense Prosecution
may with permission of the judge make submission
with regard to such point of law.
Judgment (Sec.235&sec.236)
After hearing the arguments Judge shall give judgment
in the case.
If the Court convict the accused there should be a
hearing on sentence. Non compliance will vitiate the
order of sentence-Santa Singh case
Then sentence should be passed according to law.
If the previous conviction is not admitted by the
accused the court should record a finding on it.