Police collects evidence and produces before judge and asks for trial of accused.
At this stage, Accused has right to say to the judge,"Please go through the evidence produced by police... There is no evidence against me.. Please discharge me.. And dismiss the case against me"...
This is popularly known as "Discharge Application".
The judge then goes through the papers filed by police. He also hears argument of public prosecutor.
Then if the Judge forms an opinion that there is no enough evidence against Accused, he will Discharge the accused and will dismiss case of police.
This is called DISCHARGE.
On the other hand, if judge finds that there is evidence pointing to guilt of accused, he will dismiss Discharge Application of accused.
He will proceed with trial and will record evidence of witnesses.
If after all evidence is recorded, if there is not enough evidence against Accused, he will ACQUIT the Accused.
This is called ACQUITTAL.
Haresh Raichura
30/12/14
Copyright : Haresh Raichura 2014. All Rights reserved.
