239.
Transfer of case to Magistrate’s Successor and Replacement of member of Court.
(1)
Whenever any Magistrate after having heard and recorded the whole or any part
of the evidence in an inquiry or a trial is succeeded or temporarily replaced in his
office by another Magistrate the Magistrate so succeeding may act on the
evidence so recorded or partly recorded by his predecessor and partly recorded by
himself; or he may of his own motion or on the reasonable demand of the accused
re-summon all or any of the witnesses or recommence the inquiry or trial.
(2) Whenever in the course of a trial before a Payam Court established under section 10
(a) if any member of the Court is unable to continue to act, the County Court Judge
may nominate another member to take his place and the trial shall be continued
without the evidence already heard and recorded being re-heard; provided that the
Court may of its own motion or on the reasonable demand of the accused re-summon
all or any of the witnesses or recommence the trial.
240.
Reference on Points of Law.
A Payam Court may refer for the opinion of the appropriate first Class Magistrate any
question of law which arises in the hearing of any case pending before it or may give
judgement in any such case subject to the Magistrate’s decision and pending such
decision may either commit the accused to prison or release him on bail to appear for
judgement when called on. Upon the First Class Magistrate notifying his decision the
case shall be disposed of conformably to it.
241.
Procedure when accused does not Understand Proceedings.
If the accused though not insane cannot understand the proceedings, the Court may
proceed with the inquiry or trial; but if the accused is ultimately convicted the
proceedings shall be forwarded with a report of the circumstances of the case to the
County Judge or if the trial was before the County Judge to the High Court and if by the
High Court to the Court of Appeal and the County Judge or the High Court or Court of
Appeal shall pass thereon such order as he or it thinks fit.
CHAPTER XXIII
JUDGEMENT
242.
Language and Mode of Delivering Judgement.
(1)
The judgement in every trial in a Criminal Court shall be written in English and it
may be written in any language prevailing in the area if necessary, and the
judgement shall be pronounced or the substance of it explained in open Court
either immediately after the termination of the trial or at some subsequent time of
which due notice shall be given;
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