Code:
(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).
Explanation:
- This section outlines the two possible outcomes of a criminal trial: acquittal or conviction.
- The Magistrate or Judge, after examining all the evidence presented during the trial, decides whether the accused is guilty or not.
- If the Judge finds insufficient evidence to prove the accused’s guilt beyond reasonable doubt, they must acquit the accused.
- However, if the Judge is convinced that the accused committed the crime, they must convict the accused.
Illustration:
Imagine a case where a person is accused of theft. During the trial, the prosecution presents evidence like witness statements and CCTV footage. However, the defense presents a strong alibi, proving the accused was elsewhere during the time of the crime. The Judge, after considering all the evidence, finds the prosecution’s case weak and insufficient to prove guilt beyond reasonable doubt. In this scenario, the Judge will acquit the accused.
Common Questions and Answers:
Q: What is the burden of proof in a criminal trial?
- A: The burden of proof lies with the prosecution. They must prove the accused’s guilt beyond reasonable doubt. This means the evidence presented must be so strong that there is no reasonable possibility of the accused being innocent.
Q: Can the accused be convicted without a trial?
- A: No. Section 248 CrPC explicitly states that the Judge must consider all evidence before deciding on acquittal or conviction. This means a trial is essential to determine guilt or innocence.
Q: What happens after an acquittal?
- A: An acquittal means the accused is deemed not guilty of the charges. They are free to leave and cannot be retried for the same offense.
Q: What happens after a conviction?
- A: A conviction means the accused is found guilty of the crime. The Judge will then proceed to pronounce the sentence, which may include imprisonment, fines, or other penalties.
