Rule No. 638
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Code of Criminal Procedure, 1898
Sections 265(H), 435, 439
Criminal Rules and Orders, [Volume I]
Rule No. 638
From a plain reading of the provisions of section 265H it transpires
vividly that after framing charge against the accused, the Sessions Judge
is bound to examine witnesses and upon hearing the prosecution as well as
defence if he considers that there is no evidence to proceed against the
accused then the Court should pass an order of acquittal to acquit the
accused. Recording the evidence before passing such an order is mandatory
under section 265H of the Code. ...Md. Al Amin Vs. The State & ors,
(Criminal), 18 SCOB [2023] HCD 294
....View Full Judgment
|
Md. Al Amin Vs. The State & ors |
18 SCOB [2023] HCD 294 |
Rule No. 638
|
Code of Criminal Procedure, 1898
Section 265H
Criminal Rules and Orders, [Volume I]
Rule No. 638
Necessary measures should be taken to secure the attendance of the
witness:
Our considered view is that in exercising his power under section 265H of
the Code, the Sessions Judges, at first, shall take meaningful steps for
securing the attendance of the witnesses; and secondly: if any witness is
available record the same; and thirdly: in case of non-availability of any
other witnesses, take hearings from both the parties and thereafter shall
pass an order of acquittal of the accused. ...Md. Al Amin Vs. The State &
ors, (Criminal), 18 SCOB [2023] HCD 294
....View Full Judgment
|
Md. Al Amin Vs. The State & ors |
18 SCOB [2023] HCD 294 |
Rule No. 638
|
Code of Criminal Procedure, 1898
Sections 265(H), 435, 439
Criminal Rules and Orders, [Volume I]
Rule No. 638
The Court must exhaust all the procedure for taking down evidence before
passing the order of acquittal:
Under the provisions of section 265H of the Code the duty of a Sessions
Judge is to look into the prosecution evidence and materials brought out in
the examination of the accused and thereafter should hear the learned
Advocates of both sides and considering the evidences and materials on
record if he finds that all the procedures under the law have been
exhausted and if he is of the opinion that he has taken all possible steps
for taking down the evidences of the prosecution but the prosecution has
miserably failed to comply with the order of the Court, in that case, the
duty casts on the Court to pass an order of acquittal of the accused. But
in the present case, it appears manifestly that the learned Joint Sessions
Judge without complying with the relevant laws and procedures has illegally
dismissed the petition filed by the prosecution with the observations that
the prosecution is not willing to adduce evidences. ...Md. Al Amin Vs. The
State & ors, (Criminal), 18 SCOB [2023] HCD 294
....View Full Judgment
|
Md. Al Amin Vs. The State & ors |
18 SCOB [2023] HCD 294 |