Provided always that the Court may, after hearing the summing up (if any) if it considers that the evidence against the accused or any of several accused is not sufficient to justify the continuation of the trial, record a finding of not guilty in respect, of such accused without calling upon him or them to enter upon’ the defense. Such accused shall thereupon be discharged and the Court shall then call upon the remaining accused (if any) to enter upon the defense. (3) If the accused or any one of several accused says that he intends to call any witness other than to character, the Court shall call upon the accused to enter upon the defense. Provided always that the Court may, before calling upon the accused to enter upon the defense, call upon the prosecutor to sum up his case against any one or more of the accused against whom it considers that the evidence is not sufficient to justify the continuation of the trial and, after hearing the summing up (if any), may in its discretion record a finding of not guilty in respect of any of such accused or call upon any of them to enter upon his or their defense. NOTE:- Sub-sections (2) and (3) lay down the ordinary procedure in trials, the provision to them lay down a procedure to be followed in exceptional cases where the Court thinks it unnecessary to call upon all or some of the accused for their defense. Subsection (2) deals with cases where no witnesses other than witnesses to character are called for the defense of any of the accused. Sub-section (3) deals with cases where witnesses other than witnesses to character are intended to be called for the defense of all or some of the accused: in such cases the normal procedure is that the prosecutor does not address the Court a second time until all the evidence for all the accused has been presented and the accused or their advocates have addressed the Court, but the proviso to sub-section (3) enables the Court to intervene with an acquittal and so shorten the proceedings. This power should however not be exercised in cases coming under subsection (3) unless the case as regards those whom it is desired so to acquit is quite clear or for other special reasons and cannot be exercised except after giving the prosecutor an opportunity of summing up his case against the person or persons whom it is intended so to acquit. A prosecutor who sums up his case against any accused persons under sub-section (3) has the same right of reply under section 181 after the witnesses for the defense have been heard against those of the accused whom the Court does not acquit under this subsection as if he had not already summed up his case. 179. Defense. When the Court calls upon the accused to enter upon the defense the accused or his pleader may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then examine his witnesses (if any) and, after their cross-examination and re-examination (if any), the accused may make a statement in his defense and he or his pleader may sum up his case. 61