In the criminal justice system in our country, it is the job of the prosecution to prove the case against the alleged offender and such burden does not shift from prosecution even if the accused takes up any plea and fails in it. Criminal cases in our legal system are a crucial part of ensuring justice and maintaining law and order in society. The trial in a criminal case has a well-defined structure that is guided by rules laws and regulations. After the separation of the judiciary from the executive in 1996, the civil judges were entrusted with the powers of judicial magistrates to try criminal cases—hence, the designation/nomenclature of the post of civil judge and now as civil judge-judicial magistrate. According to section 241 of the CRPC, a Magistrate is obliged to follow the procedure prescribed in sections 241 to 245 for the trial of cases falling in his jurisdiction.
Steps involved in a Criminal trial
Pre- Trial Stage
- FIR (First Information Report)/ Criminal Case
A criminal case begins with filing an FIR in the local police station. The FIR contains all the details of the alleged offense for the investigation and legal proceedings. It is important to provide accurate information to build a strong prosecution case.
- Arrest and Investigation process
After the FIR the police can now initiate investigation into the alleged offence. The investigation involves recording statements, collecting evidence, and making an arrest.
Remand: After the arrest the police will present you before a magistrate within 24 Hours and contest your physical remand, the Magistrate has to provide the physical remand to the police for further investigation or sent you to Jail through Judicial Custody.
- Bail
Bail is conducted through provisions of CRPC either post-arrest or pre-arrest bail. Bail is where the accused is set at liberty during the pendency of trial.
Bail Process
The bail process in Pakistan is proceeding as follows:
- Get a copy of FIR
- The lawyer will prepare your case file
- The judge will issue notices to the prosecutor
- The judge is going to hear arguments
- Decision-based on bail law in Pakistan
- If bail is granted, the accused must submit a bail bond after submission of the bail bond is released.
Trial stage
The procedure to be observed by a magistrate for the trial of Criminal cases is as under
1) Supply of statements and other documents to the accused
Section 190 of CRPC authorizes a magistrate to try a case on the basis of the police report irrespective of the fact that the case is cognizable by police or not. Under section 190, a magistrate cannot try a case that has neither been brought to his notice by a complaint or a police report. Therefore, a magistrate is authorized to try a case based on a complaint or police report. A magistrate is not bound by a police report, and he may direct the police officer to prepare and submit a fresh challan even if the investigation branch reported that relevant facts do not constitute an offense against the accused.
2) Framing of charge in the presence of the accused
The main object of framing of charge is to ensure that the accused has sufficient notice of the nature of the accusation with which he is charged and secondly, to make the Court concerned conscious regarding the real points in issue so that evidence could be confined to such points. It is the first step towards criminal trial and depicts the commencement of the trial. Framing of charge is a mandatory requirement of law and non-compliance of the same is not remediable under section 537 of Crpc. The requirement of law is that a charge should state the offense committed by the accused and mention the specific name, section, and sufficient description of the offense if no specific name has been given to it by law, there should be a sufficient definition of it. The charge must allege all facts which are essential factors of the offense in question.
3) Process when the accused does not plead guilty/ Plead guilty
When the accused pleads guilty during the course of the trial in addition to his plea, such plea of guilt should be recorded in questions and answers form and in the exact words of the accused in order to find out what the accused exactly meant by pleading guilty and in absence of that the Court cannot convict him on the basis of such plea. Where the accused does not plead guilty or does not admit the commission of the offense, the hearing of the case commences, and the trial begins under section 244 of Crpc the trial shall proceed, and the Court shall hear the evidence of the prosecution and defense. Thereupon, the Court shall decide the matter which may culminate into the acquittal or conviction of the accused.
4) Evidence
The trial stage is proceeded through the examination of witnesses of both sides with relevant evidence. The prosecution can present cases by producing witnesses and evidence that is to be collected under Qanun-e Shahadat Order 1984. The defense can challenge the evidence and cross-examine the prosecution witnesses. Each side has the right to present witnesses and evidence in support of their cases.
5) Acquittal or sentence/ Final Arguments
After the completion of witness testimonies, both sides present their final arguments. All the evidence is summarized, and the case is prepared for conviction or acquittal. The judge after considering all the evidence announces the verdict, the verdict may be conviction or acquittal if convicted the judge will impose a sentence. Where an accused is confined in jail and he is acquitted, he may be released in the case in question by a release writ, issued by the Court directing the jail superintendent to execute the same. If the acquitted accused is on bail, his bail bonds in the case shall stand cancelled and surety is to be discharged.
6) Appeal/Review
If any of the party is dissatisfied with the trial court decision, they have the right to file an appeal with a higher court. The appellate court review the case for errors of law or procedural irregularities that have influenced the original judgement. And if there is any substantial error appellate court can aside the conviction or order a retrial.
Conclusion
In Pakistan trials of criminal cases have a well-defined structure and proper guidelines for a procedure. The laws and regulations provide proper procedure and structure for fair and just trials in Pakistan. Ensuring the rights of the accused and prosecution should be protected.
Author: Tehreem Sajjad, Kinnaird College for Women Lahore
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