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Explain stages of Criminal Trial by court of sessions in FIR case under section 265-A to N Crpc:

A Criminal trial means the trial of an indictable offence or of an issue arising in or in relation
to the trial of an indictable offence before a court exercising and a Court of Sessions is the
highest criminal court in a district and the court of first instance for trying serious offences
Section 265A:

The Proceedings should be Conducted by the Public Prosecutor, representing the state.

Section 265B:

The Court of Sessions shall consider the procedure laid down in the following sections.

Section 265C

Supply of Statement and Documents:

Copies of Statement and Documents shall be provided to the accused by the Court on the day when
he is appearing before the Court. The Copies shall be provided free of cost. It is the duty of The court
to provide 7 clear days at minimum to the accused so that he can prepare his case. The accused has
the option to defend himself in person or his counsel can present on behalf of him.

List of document provided:

• FIR

• Police Report

• Statements recorded of witnesses

• inspection notes by the Investigating Officer.

The goal of this section is to allow the accused to defend himself from the claims done by
prosecution.

Section 265D

Charge to be framed:

After perusing the police report and all other documents and statements of witnesses recorded
during investigation, the court believes that there are adequate grounds for proceeding, than it
should frame the charges against the accused. The charged should be framed in writing. It is the
Courts duty to Frame the charges as without it trial can not be proceeded.

Section 265E

This section is related to the Plea of the accused.

The Court shall read and explain the accused about the charge and shall require the answer of the
accused to two specific questions:

i. Whether you plead guilty or not?

ii. Whether you have any defence to tell or bring in?

If the accused is guilty of charge, then the court should record his plea which shall be considered as
confession, on the basis of which the accused can be convicted. The accuse can also deny the charge
and the court may without convicting the accused at this phase, ask the prosecution to prove the
charge .

Section 265F:p

Recording of Evidence:

After the court has issued a summon to the prosecution, he shall bring in the complaint and the
witnesses and the statements of the witnesses shall be recorded in accordance with Law of
Evidence. The statements of the witnesses shall be in written form and the court shall take oath
from the witness and ensure his identity. Examination in chief shall be conducted and opportunity
for cross examination shall also be provided, which shall be the discretion of the defence as to
whether he wants to conduct it or not. Court may grant adjournment on reasons.

In the following cases prosecution may give up his witnesses:

i. Being unnecessary

ii. Being not available

iii. Being won over by the accused

The prosecution evidence shall be closed.

Note: An Additional evidence can be recorded at any stage of the proceeding, after exercising the
due process of law on the application of either party to the case or suo moto in its own motion. The
court shall decree a reasoned order in this matter in interest of justice. Unrelated, unwanted and
vexing applications shall be dismissed.

Statement provided by accused:

The court shall then record the statement of the accused on oath, after the above procedure is
completed. The accused shall be questioned and his answer shall as well be recorded.

The accused will be given the opportunity to produce his defence and whether he wants to make a
statement. Of he wants to do so, it shall be recorded on oath and this statement shall be subjected
to cross examination by the prosecution.

Note: Reasonable time shall be provided to to the accused so that he can produce evidence and if
the accused can satisfy the court that such evidence is necessary for justice, but he is not able to
produce it than the court can summon such evidence.

Section 265G:

At this stage, Summing up the case will take place. It is the stage of final Arguments in which the
accused can Sum up the case after the furnishing of defence evidence and the prosecution can then
provide his arguments to rebut the case.

Section 265H:

The court shall than enunciate a reasonable judgment in writing. The accused shall either be
convicted or acquitted. If the accused faces conviction, he shall be punished according to the penal
provisions.

Section 265I:
Previous conviction maybe referred.

Section 265J

Statement under section 164 shall be referred if it is already on record.

Section 265K

If the court considers that there is no cause for the conviction of the accused, than the court may
acquit the accused at any stage of the case, which means, from the stage of taking cognizance till
pronouncement of final judgement. The court shall hear all the parties.

Section 265L/M/N

The Place of sitting and timing of the court shall also be declared.

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