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Chapter II
Progress of Trial
Sequence of the procedure of trial
139.(1) The court shall follow the trial procedure in the following
sequence :(a) verifying the basic evidence, about the accused, the
witnesses and the suit;
(b) hearing the prosecution opening speech, statements of
the inquiror and the complainant, if any, and discussion of
the same;
(c) reply of the accused to the prosecution;
(d) evidence of the prosecution, and discussion of the same;
(e) examination of the accused;
(f) framing the charge, by drafting the charge sheet, where the
court deems the same fit;
(g) addressing the accused, with the charge, and his reply
thereto;
(h) hearing the evidence of defence, if any, and discussion of
the same;
(i) any procedure in evidence, as the court may adopt;
(j) admission of final pleadings, if any, for the proprietor of
private right, then the prosecution and then the defence;
(k) delivery of the decision of conviction, or acquittal;
(l) hearing reasons of mitigation , or aggravation of penalty;
(m) the final orders in the judgement.
(2)Where the accused admits, upon his reply, to the prosecution,
the court may frame the charge, without hearing the evidence of
the prosecution.
(3)Where the accused denies, or the court deems, notwithstanding
his admission, that it is most appropriate to hear the evidence, it
shall call for the prosecution evidence, and proceed with the rest
of procedure.
Power of the court to arrange procedure
140.
The court may advance, defer, or repeat any of the trial
procedure, at any stage, where it deems that the same is
necessary for achievement of justice.
Dismissal of criminal suit during trial
141.(1) Where it transpires, to the court, after hearing the prosecution
evidence, and examination of the accused, that evidence does
not lead to his conviction, it shall pass an order dismissing the
criminal suit, and release the accused. Where a financial right of
others relates to the criminal suit, the court shall, before
releasing the accused, exercise the civil powers thereof, in
accordance with section 204.
(2) Where the criminal suit has been adopted, upon a complaint, in
which private
relinquishment may be made, and the
complainant absents himself, on any day fixed for hearing the
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