Criminal law

Mohamed Ali (Querist) 18 April 2017 This query is : Resolved
Dear All

If the magistrate frames charges and conducts trial and convicts the accused of the offences exclusively trailable by sessions court and trial initiates then whether the accused is entitle for acquittal for the offences punishable other than offences tried by court of sessions, in the appeal sessions court

opposed the said judgement of conviction the accused challenges this in crminal revision before high court on the ground that the entire trial initiates whether under these circumstances whether the accused entitle for acquittal..

Citation needed pls..

thanks and regards

Ali

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P. Venu (Expert) 19 April 2017
please post the complete facts.

Adv. Yogen Kakade (Expert) 19 April 2017
Vague query.. if the offence is triable by the sessions court then why the magistrate court shall proceed with the case.
And even in such conditions it shall be no ground for acquittal.

Guest (Expert) 19 April 2017
Agree with Experts

Sri Vijayan.A (Expert) 19 April 2017
Magistrate cannot take cognizance.
Instead of trying to find any non useful matters, try to search for valid grounds for appeal and try on merit.

Dr J C Vashista (Expert) 20 April 2017
I appreciate analytical acumen-ship of Mr. Yogen Kakade which has been concurred by Mr. Sri Vijayan A.

Hypothetical query.

The Magistrate can not be so childish, foolish and stupid to proceed in a exclusive Sessions triable case, as imagined and stated by author.

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