At outset, it shall be mentioned that the Principal purpose of a Criminal court is to determine the guilt or innocence of the accused. The standard of proof in a criminal case is beyond reasonable doubt. This touchstone relieves the burden of a defense lawyer in great way as accused by creating doubt about the prosecution case can bailout his client from the case. In this part we will see how criminal case gets into motion and various stages it pass through before it comes to a logical end. Apart from that it also spells out various tools defense counsel can use to end the prosecution case at various stages or disarm the wheels of prosecution evidence.
Generally, in criminal side, the case would come before court either by way of police report (Charge-sheet) or compliant. On receipt of charge-sheet or complaint, if the court takes cognizance issues summons to the accused for his appearance. The accused on receipt of documents has a right to file a discharge petition or petition 482 Cr.PC. If discharge is allowed accused would be set at liberty. The following are the grounds on which discharge can be sought by the accused:
(a) Alleged acts facts didn’t disclose any offence
(b) Double jeopardy (S.300 Cr.P.C)
(c) Matter is of civil in nature
(d) Barred by limitation (467-473 Cr.P.C)
(e) The court has no jurisdiction to try the case (177-189 Cr.P.C)
(f) That the prosecution has not been properly launched (190-199 Cr.P.C).
If the accused plead not guilty, prosecution produces its evidence in support of their case. The court upon completion of prosecution evidence is under an obligation to examine the accused u/s.313 Cr.P.C by explaining the incriminating prosecution evidence. The accused has every right to adduce defense evidence and upon closure of his evidence, the court hears arguments and pronounce verdict. If court convicts accused, he will be heard on sentence. Apart from this main course there are many intermediate and incidental proceedings would run parallel during the pendency of the main criminal case and they are called as Criminal Miscellaneous applications. In this course we study all those important issues and stages from practical angle with the aid of wild life offence, 304AIPC, 498A & 324 IPC. Due to paucity of time this course limits to these offences only.
CRIMINLA CASE – ADJUDICATORY PROCESS:
| Adjudicatory Process | CRIMINAL |
| Method of addressing grievance & rules relating to it | Most of the Criminal cases commence by filing Charge-sheet by the Police. The Charge-sheet is the summary of investigation. It contains the following: Offence committed and method of commission and against whom it is committed and date of report of offence. The approach of investigation so as to collect the relevant and admissible evidence and finally the persons with whom and what evidence Investigating officer (IO) wants to prove the guilt of the accused. S.154 Cr.P.C to S.176 Cr.P.C clothes IO with several powers he can exercise in the course of investigation. Charge-sheet has following enclosures: FIR, S.161 Cr.P.C or S.164 Cr.P.C statements, Scene of offence Panchanamma, Inquest/wound certificate/ Post-Mortem, Confession & recovery Panchnamma, |
| Cognizance & Summons | On receipt of Charge-sheet, if the Magistrate is of the opinion that allegation made in the Charge-sheet coupled with documents filed make out a primafacie case, cognizance will be taken against the offence. Upon taking cognizance usually summons will be issued to the accused and this summons must be signed by Magistrate. This is served through the concerned police. |
| Appearance of accused | On appearance of accused it is the duty of the court to furnish copies of documents and ask him whether he has means to engage an advocate or otherwise court shall engage legal aid counsel. At this stage accused has an opportunity to file discharge petition by stating that allegation made out in the charge-sheet fail to make out any case against him. |
| Charge | If no discharge petition is filed or it is dismissed. The next step is examination of the accused w.r.t allegation made against him by police by framing charge. The framing of charge must be in accordance with S.211 to 226 of Cr.P.C. During examination if the accused admits guilt, court may convict him or if he doesn’t admit matter will be posted for trial by issuing summons to the witness listed in the charge-sheet. |
| Prosecution Evidence | Generally in cases initiated by police the first examined would be person who reported the offence to the police. It is followed by eye witness, witness to scene, inquest, PME, confession and recovery and finally Investigation officer. The prosecution witnesses are called as PW1, PW2….. and documents marked on behalf of prosecution are called as ExP1, P2….. . In case of witness examined by accused are called DW1, DW2…. And documents marked are called as ExD1, D2…. |
| S.313 Cr.P.C | On completion of prosecution evidence accused will be examined u/s.313 Cr.P.C w.r.t. incriminating evidence in the prosecution evidence. This examination shall not be on oath. Any document can be filed and whatever said in S.313 Cr.P.C shall not be foundation for conviction. |
| Defense evidence | Upon completion of S.313 Cr.P.C accused can produce his evidence, however, generally in criminal cases no accused would venture to produce defense witness. |
| Arguments | If there is no defense evidence or on completion of defense evidence matter will be posted for arguments and party on either side submit oral or written arguments and upon completion of the same matter will be posted for judgment. |
| Judgment and Sentence. | The judgment of court would be either acquittal or conviction. If matter ends in acquittal, accused will be set at liberty. If the matter ends in conviction, accused will heard on sentence. Upon hearing the accused and prosecution on sentence punishment will be imposed i.e, fine or imprisonment or both. |