Tuesday 22 January 2019
Aims and Object:
At the end of the lesson, the trainee officers will be able to learn:
1. Stages of criminal proceedings
2. Jurisdiction of criminal courts.
Meaning of jurisdiction
Constitutional and statutory jurisdiction
Original and appellate jurisdiction
Effect of trial without jurisdiction
3. Hierarchy of criminal courts.
4. Powers of different criminal courts.
Statutes Covered : Sections 1, 2, 9, 17 of CrPC
Lesson 2 : Sessions Trial (Framing of Charge)
Aims and Object:
At the end of the lesson, the trainee officers will be able to learn
1. The definition and purpose of charge.
2. About the pre-requisites of framing of Charge (supply of police papers, providing counsel on state expenses in certain cases etc.)
3. About the language of charge i.e. describing and defining the offence in the charge and mentioning the time and place.
4. about the errors in charge and their effect
5. About the powers of court to alter the charge and when retrial may be directed after alteration.
6. About associating accused of column 2 in trial.
7. About dealing the cases of absconding accused before framing of charge.
Statutes Covered : Sections 265-C, 265-D, and 221 to 232 of CrPC
Identified Case Laws:
Arshad Hussain v/s the State—PLD 2001 Karachi 211 (Avoiding unnecessary delay when co-accused are shown absconder in final report)
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NLR 1993 Cr. 660; 2002 SCMR 63—(Accused of Column No. 2 does not necessarily need show cause notice before issuance of process)
2005 PCrLJ 560 [Kar]—(How to deal the case of accused of col-2)
Lesson 3 : Sessions Trial (Framing of Charge and Plea)
Aims and Object:
At the end of the lesson, the trainee officers will be able to learn
1. About to framing separate and distinct charge of each offence against an accused or set of accused?
2. About the situations when joint charge for several offences should be framed and to deal the situation when series of offences committed in one transaction.
3. about framing of charge in case of doubt about the offence
4. About conviction of accused in a section other than the section in which he was charged.
5. How to record plea of the accused and to deal with the following situations?
a. When accused pleads not guilty.
b. When accused pleads guilty.
6. Assignment of framing of 3 different charges after providing paper books
Statutes Covered : Sections 233 to 240 CrPC
Lesson 4 : Insuring the Attendance of Witnesses
Aims and Object:
At the end of the lesson, the trainee officers will be able to learn
1. About the proper time and procedure of issuing of process.
2. about dealing with the witness when he attends the court
3. About the proper format of issuing warrant to witnesses.
4. About action taken against the witness when he fails to attend the court.
Statutes Covered Sections 69, 90 CrPC and respective proforma of Schedule III of CrPC
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Lesson 5 : Recording of Evidence
Aims and object:
At the end of the lesson, the trainee officers will be able to learn
1. about the pre-requisites of trial (insuring availability of forensic, ballistic and chemical reports and attendance of prosecution witnesses)
2. about the order of examination of witnesses
3. about presence of accused during recording of evidence
4. Manner of recording of evidence.
Statutes Covered : Sections 353, 354, 356 and 357 of CrPC
Lesson 6 : Recording of Evidence
Aims and Object
At the end of the lesson, the trainee officers will be able to learn
1. Form of recording evidence (i.e. the record of evidence should be in narrative form.)
2. The procedure to be adopted after completing the recording of evidence of each witness.
3. Interpretation and explanation of the evidence so recorded to accused
4. The procedure and importance of recording remarks about the demeanors of witness.
5. Recording of evidence in absence of accused or when accused in unknown
Statutes Covered : Sections 359 to 363, 512 CrPC
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Lesson 7 &8 : Recording of Evidence (Role Play)
Aims and Object:
At the end of the lesson, the trainee officers will be able to understand the proper procedure of recording of evidence of a witness.
For the purpose of role play, the actual act of recording of evidence is to be shown like a moot court.
Lesson 9 : Examination of Accused u/s 340 or 342 CrPC
Aims and object:
At the end of the lesson, the trainee officers will be able to learn
1. the process and procedure of examining the accused under section 340 CrPC
2. The limitation of cross examining an accused who volunteered to be examined on oath
3. the process of examining the accused under section 342 CrPC
4. To avoid the common mistakes usually done during examining an accused u/s 342 CrPC.
Statutes Covered : Sections 340 and 342 CrPC
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