* ourt shall De suvUrumaw w we LiTtector ae Ugeniaeel Public Prosecutor and Special Public (oe vemment to conduct cases in District Courts ang ‘all be subordinate to the Deputy Director of Prose, he Director of Prosecution and the Deputy Directors h each of the Deputy Directors of Prosecution haye ment may, by notification, specify”, cutor, Additional rupiic rive~~, Government to conduct cases In Prosecution. Every Public Proset Prosecutor appointed by the Sta an every Assistant Public Prosecutor ri cution. The powers and EEE ie : i of Prosecution and the areas for whit” been appointed shall be such as the State Governn ‘ Summons and Warrants”,—Warrant is a term used in different ways in different ul ants” + i eee ~ ure. A subpoena or summons is a writ compelli parts of Code of Criminal Proced\tt at alspecified place and time, and for aaa eS eben When it is served on a witness to give evidence and produce yu ; eae before a court, he must obey the same. In subpoena duces tecum, the Witness is summoned only to submit a document. In spite of service of summons on him, without any sufficient reason, the court issues coerc! bailable warrants or attachment of property. é In criminal cases, when the witness fails to appear, the court generally issues notice under s 350 of Cr PC and after hearing the witness, if it finds that the witness without just excuse has neglected or refused to attend, the court may sentence him to a fine not ex- ceeding one hundred rupees. Disobedience of court’s summons is also an offence punish- able under s 172 of IPC and the punishment may extend to simple imprisonment for six months or fine of Rs 1000 or both. When a medical witness is unable to attend the court on a certain day for certain reasons, he should communicate to the court in advance or on the appointed date, his inability to attend the court, and if possible, also intimate the court the next date suitable to him. The court generally accommodates the medical witnesses and adjourns the case to that date. _ When summoned on the same day to attend two courts, civil and criminal, the medical witness should attend the criminal court, and inform the civil court of his inability to do so on account of his presence in the criminal court, which has preference over it. If sum- moned to attend a Magistrate’s Court and Sessions Court two courts, both civil and criminal, the witness should first attend the higher court. If, however, both courts happen to be of the same status, he should go to the court from where he received the summons first, and inform the other court of the fact, and should attend the latter court after he has done with the first court. if the witness fails to appear before the court ive processes like bailable or non- is Reserves ih, 18 Deh 21, Juvenile Justice (Care and Protection of Chil i 22, The Code of Criminal Procedure, 1973, eer ap ema 23, Warrant is a term used in different ways in different parts of Code of Griminal Procedure.‘Summary Trials 29 summons cases and Warrant cases. for purposes of trial in two categories: 1, Summons cases 2. Warrant cases 9 ‘All offences punishable with death, imprisonment for ears are triable as warrant cases. All cases which are n Hable as summons cases. —Offences in the Penal Code have been placed life or for a term exceeding 2 jot triable as, warrant cases are ‘Summons Cases.—In summons cases, when the accused appears, or i the court, he is given the details of the offence that his is GAA Wee faa iy sats whether he pleads guilty or has any defence to make. In summons cases, it is not neces- ary to frame a formal charge. If the accused pleads guilty, his plea is recorded and he may he convicted. If the accused does not plead guilty or if the magistrate otherwise con- siders it desirable, he proceeds to hear the complainant, takes all the evidence supporting the prosecution and takes the evidence produced in defence. On a consideration of all this evidence, he either finds the accused guilty or convicts him, or, not guilty, and acquits him. A magistrate, in summons cases, is required only to make a memorandum of the substance of the evidence as the examination of each witness proceeds. Warrant Cases.—In cases submitted by the police, when the accused appears or is brought before the court, the magistrate must first ensure that the accused has received all the required documents. If upon consideration of the documents and such examination of the accused as he considers necessary, and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge to be groundless, he discharges the accused after recording his reasons. If there are grounds for believing that an offence has been committed which such magistrate is competent to try and which in his opinion could be adequately punished by him, he frames a written formal charge against the accused, which is read out and explained to the accused, who is asked to plead thereto. If he pleads guilty, the plea is recorded and he may be convicted on that plea. If he is not so convicted, a date is fixed for the examination of the witnesses and the prose~ cution evidence is recorded during which the accused is permitted to cross-examine the prosecution witness. On conclusion of the prosecution evidence, the accused is called upon to enter his defence. If the accused submits any written statement, it is filed with the record, after which the accused is examined. This is followed by admitting the defence evidence, during the course of which the prosecution is allowed to cross-examine the defence-witnesses. As the examination or cross-examination proceeds, the evidence of each witness is recorded in writing either by the magistrate himself or by dictation in open court. After the evidence has closed, the counsel for prosecution and. defence make oral arguments before the court in regard to the evidence and the conclusion there from regarding the guilt or otherwise of the accused. After hearing both the counsel, the mag- istrate records his finding. If he finds the accused guilty, he convicts him, and proceeds to hear the accused on the sentence, and thereafter passes the sentence. If the accused is found not guilty, the magistrate acquits him. Summary Trials,—In trial of summons cases, evidence is let in by shortened proce- se: dee in trial of warrant cases, regular detailed procedures to let in evidence are followed. Chief Judicial/Chief Metropolitan Magistrates and Judicial/Metropolitan Magistrates, especially empowered, can summarily try cases of categories listed under s 260 of Cr PC and magistrates of the second class can i enumerated in s 261 of Cr PC. The procedure to be try the caleuories oh saat sentence cannot exceed 3 mor details of the case in a pres30. Chap. 2-Legal Procedure in Criminal Courts plead guilty, only the substance of the evidence has to be recorded, and the j f the reasons for the findings arrived at. ees contains only a brief statement o from private complaint, the proceedings com- Private So Teer cases arisin mence from recording of the evidence o| the complainant in the presen who has the right to cross-examine. If no case is established, the mesa ue Otherwise further proceedings follow as ina police case.CHAPTER 3 MEDICAL EVIDENCE AND MEDICA, WITNESs EVIDENCE ection 3 of Indian Evidence Act, 1872 defines evidence as thar wri ace permitted by law to take into consideration for making pits’ tih & court of jus- truth of the fact or point in issue. of ascertaining the Evidence means and includes: i, all statements which the court permits or re quires to be made before it by wi nesses in relation to matters of fact under inquiry. Such stateneo OY Wit- ; , fem: oral evidence; ts are called ii, all documents produced for the ing called documentary evidence. Section 322 (1) of Cr PC states that the word which have been disclosed by inquiry and is not restricted to depositions recorded by the magistrate. Further, according to s 244 of Cr PC, evidence means all statements which the court permits or requires to be made before it by witnesses. The statements of wit- nesses include statements made by them in cross-examination and re-examination. Evidence is tendered only during the trial stage and it is accepted after having given the opposite side to rebut it through cross-examination. Evidence will not be admitted during an appeal. The following are the major types of evidence before the court. 1. Direct evidence is evidence given where witness testifies ditectly of his own knowledge as to the main fact or facts in dispute. 2. Circumstantial evidence which tends to prove the ultimate fact in issue; pre- sumptive evidence. It is the evidence derived from circumstances as distin- guished from direct and positive proof. It is the inference of a fact from other facts proyed, and the facts thus inferred and assented to by the mind is said to be presumed; that is to say, it is taken for granted until the contrary is proved." 3. Substantial evidence is evidence which a reasonable man will accept as ade- quate for arriving at the decision in a case.’ 4. Corroborative evidence is the evidence that concurs with another evidence? __ Direct and circumstantial evidence differs merely in their logical relation to the fact in issue, In direct evidence, evidence as to the existence of the fact is direct. Whereas cir- cumstantial evidence relates to the existence of facts which raise a logical inference as to the existence of the fact in issue, pection of the court. Such documents are evidence means all facts and StatementsCourt to be appropriate. It 1s the rignt or tne Court to-acvonstmewtesumony of one doctay rather than on the testi f another. It can prefer to act on the testimony of that ne se evidence accords with the prosecution version. Sometimes the rel of examination of one doctor in comparison with the other would itsely decide which among the conflicting views the court could prefer. In State, Govt sate of Delht v. Sunil, the Court resolved the conflict by observing that the correctnee vol postmortem report could not be doubted merely because it did not conform to the nee made in Medico-Legal Certificate by the doctor who had initially checked up the © es e ceased in the hospital without properly making any detailed examination a nounced her dead. Hon’ and had pro. Documentary Evidence.—This includes: i. medical certificates ii. medico-legal reports iii. dying declarations Medical Certificate—A Medical certificate is the simplest fo: dence, and generally refers to ill-health, unsoundness of ae ae eee be cates should not be given carelessly, but with a due sense of responsibility for the at i essed in them. They are not accepted in a court of law, unless they are ace We duly qualified medical practitioner who is registered under the State Medical Council Act.