Trial by Court of Session: Procedure and Key Provisions in Pakistan
Trial by Court of Session in Pakistan
Introduction
The Court of Session is responsible for handling serious criminal cases at the district level, including those that may result in the death penalty. This document outlines the procedures and key provisions related to trials conducted by the Court of Session in Pakistan.
Jurisdiction and Initiation of Proceedings
The Court of Session cannot directly take cognizance of an offense, except when acting as a special court under specific laws. Initially, a Magistrate takes cognizance and may exercise powers related to bail or remand. If the offense is deemed serious and falls under the exclusive jurisdiction of the Court of Session, the Magistrate commits the case by sending the relevant records and informing the Public Prosecutor.
Relevant Legal Provisions
The procedures for trials by the Court of Session are primarily governed by Sections 265-A to 265-N of the Code of Criminal Procedure, 1898 (Cr.P.C).
Understanding Trial
A trial involves a formal judicial examination of evidence and determination of legal claims in an adversarial setting, where both the prosecution and defense present their cases.
Role of Public Prosecutor
In cases initiated based on a police report, the prosecution is conducted by the Public Prosecutor, as stipulated in Section 265-A of the Cr.P.C. Private prosecutors have no standing in such cases.
Trial Procedure under Section 265-B
Supply of Statements and Documents (Section 265-C)
The accused is entitled to receive copies of essential documents free of cost, no later than 7 days before the trial commences. These documents include:
- First Information Report (FIR)
- Police Report
- Witness statements recorded under Sections 161 & 164
- Inspection notes and recovery memos prepared by the investigating officer
In cases initiated by a written complaint, the complainant must provide:
- Substance of the accusation
- Names of witnesses
- Gist of the evidence to be presented
Copies of the complaint, supporting documents, and statements recorded under Sections 200 or 202 must also be provided to the accused within the stipulated timeframe.
Framing of Charge (Section 265-D)
After reviewing the police report, complaint, and other relevant materials, the court determines if there are sufficient grounds to proceed with the trial. If so, a formal charge is framed against the accused.
Plea (Section 265-E)
The charge is read and explained to the accused, who is then asked to plead guilty or not guilty. If the accused pleads guilty, the court may convict them at its discretion.
Evidence for Prosecution (Section 265-F)
The prosecution presents its evidence to support the charges against the accused.
Summing Up by Prosecution and Defense (Section 265-G)
After the prosecution presents its case and examines the accused, the prosecutor summarizes the evidence. The accused then has the opportunity to respond. If the accused presents evidence in their defense, they sum up their case, followed by a reply from the prosecutor.
Acquittal or Conviction (Section 265-H)
If the court finds the accused not guilty, an order of acquittal is recorded. If the accused is found guilty, the court passes a sentence according to the law.
Procedure in Case of Previous Conviction (Section 265-I)
This section ensures that the accused is not prejudiced by any previous convictions during the current trial. Knowledge of prior convictions is excluded when evaluating the evidence related to the present charges.
Conclusion
The trial stage is crucial in determining the guilt or innocence of the accused. The provisions outlined in Sections 265-A to 265-N of the Cr.P.C aim to ensure a fair trial by providing both the prosecution and the accused with adequate opportunities to present their cases before the Court of Session.