Law: Criminal Procedure Code (V of 1898)

Section: 253, 256,367

Criminal Procedure Code (V of 1898) Ss. 253, 256 & 367-Warrant case -- Magistrate, after framing of charge, duty bound to recall prosecution witnesses-Duty of procuring attendance of witnesses cannot be laid on shoulders of complain ant-Magistrate, in such a case, can pass no order except that of conviction or acquittal. In the trial of a warrant case after the framing of the charge, the duty is cast upon the Magistrate trying the case to recall the prosecution witnesses by the provisions of section 256 of the Criminal Procedure Code. The duty of procuring their attendance cannot be laid on the shoulder of the complainant who has no authority to compel their attendance and he cannot be penalised for no fault of his. The absence of the com plainant or his witnesses under the circumstances of the present case should not be considered to afford an opportunity to the trial Court to acquit the accused simply on the ground of the absence of the complainant or his witnesses. The provisions of section 256 of the Criminal Procedure Code impose a duty on the trial Court to recall the prosecution witnesses and the Court must exhaust the process of law in this behalf and then proceed with the trial according to law. In a warrant case when the witnesses are examined by the prosecution and a charge is framed against the accused persons, the Magistrate can pass no order except that of an order of conviction or acquittal. Naturally, therefore, the provision s of section 367 of the Code of Criminal Procedure is attracted and the Magistrate has got to give his decision in a properly written judgment though in brief, as contemplated under that provision. The learned Magistrate is required to state the offence of which the accused is acquitted and direct that he be set at liberty as enjoined by subsection (4) of section 367 of the Criminal Procedure Code. The order of acquittal must be based upon the findings that the accused is not guilty. This pre supposes that the Magistrate shall apply his mind to the evidence on record and state whether he believes or disbelieve: the evidence. If this is not done it means that the evidence against the accused remains in force without…