Code:
If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal.
Explanation:
This section deals with the acquittal of an accused in a criminal trial. It states that if, after considering all the evidence presented by the prosecution, examining the accused, and hearing arguments from both sides, the judge finds no evidence to suggest the accused committed the crime, the judge must issue an order of acquittal.
Illustration:
Imagine a case where a person is accused of theft. The prosecution presents evidence, but it is weak and inconclusive. The accused denies the charges, and the defense argues that the evidence doesn’t link the accused to the crime. After hearing both sides, the judge finds that the prosecution failed to prove the accused’s guilt beyond a reasonable doubt. In this scenario, the judge would apply Section 255. The judge issues an order of acquittal, releasing the accused from the charges.
Common Questions and Answers
Q: What does “no evidence” mean in this context?
- A: It means that the evidence presented by the prosecution is insufficient to establish the accused’s guilt beyond a reasonable doubt. It doesn’t necessarily mean there is absolutely no evidence, but rather that the evidence is weak, unreliable, or doesn’t directly connect the accused to the crime.
Q: Can the accused be acquitted even if they confessed to the crime?
- A: While a confession is generally strong evidence, it’s not always conclusive. The judge can consider other factors, such as whether the confession was coerced, or whether the accused understood the consequences of their confession. If the judge finds the confession unreliable or insufficient to prove guilt beyond a reasonable doubt, they can still acquit the accused.
Q: What happens after an acquittal?
- A: Once acquitted, the accused is released from the charges. The prosecution cannot retry the same charges against the accused on the same facts, unless new evidence comes to light.
