Stages of Trial before a Court of Session.

1. TRIAL BEFORE A COURT OF SESSION
Dr. Nitish Nawsagaray
Assistant Professor,
ILS Law College, Pune.
nitish.nawsagaray@ilslaw.in

2. INTRODUCTORY
A Sessions Court cannot directly take cognizance of any offence, even though it is
exclusively triable by such court.
A Competent Magistrate may take cognizance of such an offence and commit the
case to the Sessions Court for trial. [s. 209].
The only exception where a Sessions Court can directly take cognizance of an
offence is in case of defamation of high dignitaries and public servants under certain
circumstance. [s. 199(2), (3), (4), (5) & (6)]
In every trial before a Sessions Court, the prosecution shall be by a Public Prosecutor.
[s. 225]

3. FIRST STEP
The First step in the Sessions, after the accused appears or is brought before it for
Trial, is the opening of the prosecution case by the Public Prosecutor who will describe
the accusation against the accused and state the evidence by which he proposes to
prove the guilt of the accused [s 226].

4. SECOND STEP
Thereafter comes the duty of the Court to consider the record of the case and the
documents as to whether the accused should be discharged at the stage or charge
shall be framed against him for trail.
If on examination of the record and hearing the submissions, as aforesaid, the court
considers that there is no sufficient reason for proceeding further against the accused,
he discharge the accused.[s.227]
If however, he is of the contrary opinion, he shall frame charge against the accused.
[s. 228]

5. THIRD STEP
After the charge is framed, the Judge shall have the charge read out and explained
to the accused, and thereafter he shall be asked whether he pleads guilty to the
charge, or claims to be tried. [s. 228(2)].
If the accused pleads guilty the Judge may convict him at once, after recording that
plea. [s. 229].
If, however, he refuses to plead guilty or claimed to be tried, the judge shall fix a
date for taking evidence for the prosecution, and issue process for the attendance of
such witnesses as applied for by the prosecution. [ss 230-231].

6. FOURTH STEP:
After the evidence for the prosecution is taken, the Judge shall examine the accused
and hear both the prosecution and the defence on the question whether the accused
was entitled to be acquitted at that stage.
If the Judge, after considering the aforesaid materials comes to hold that “there is no
evidence (as adduced by the prosecution) that the accused committed the offence”,
the Judge shall record an order of acquittal of the accused, without proceeding
further. [s. 232].

7. FIFTH STEP
Where the accused is not acquitted under section 232 he shall be called upon to
enter on his defence and adduce any evidence he may have in support thereof.
If the accused puts in any written statement, the Judge shall file it with the record.
If the accused applies for the issue of any process for compelling the attendance of
any witness or the production of any document or thing, the Judge shall issue such
process unless he considers, for reasons to be recorded, that such application should
be refused on the ground that it is made for the purpose of vexation or delay or for
defeating the ends of justice. [s. 233].

8. SIXTH STEP
When the examination of the witnesses (if any) for the defence is complete, the
prosecutor shall sum up his case and the accused or his pleader shall be entitled to
reply:
Provided that where any point of law is raised by the accused or his pleader, the
prosecution may, with the permission of the Judge, make his submissions with regard
to such point of law. [s. 234]

9. SEVENTH STEP
After hearing arguments and points of law (if any), the Judge shall give a judgment in the
case.
If the accused is convicted, the Judge shall, unless he proceeds in accordance with the
provisions of section 360 hear the accused on the question of sentence, and then pass
sentence on him according to law. [s. 235]

10. EIGHTH STEP
In a case where a previous conviction is charged under the provisions of Sub-Section
(7) of section 211, and the accused does not admit that he has been previously
convicted as alleged in the charge, the Judge may, after he has convicted the said
accused under section 229 or section 235, take evidence in respect of the alleged
previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be
asked to plead thereto nor shall the previous conviction be referred to by the
prosecution or in any evidence adduced by it, unless and until the accused has been
convicted under section 229 or section 235. [s. 236]