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

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

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