56. Plea of "Not Guilty", application for adjournment, and case for the prosecution .-After the plea of "Not Guilty" to any charge is recorded, the trial shall proceed as follows, that is to say,-
(1)the Court shall ask the accused whether he wishes to apply for an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with, and that he has been prejudiced thereby or on the ground that he has not had sufficient opportunity for preparing his defence, and shall record his answer;(2)if the accused shall make any such application, the Court shall hear any statement of evidence which he may desire to adduce in support thereof, and any statement of the prosecutor or evidence in answer thereto; and if it shall appear to the Court that the accused has been prejudiced by any non-compliance with any of such rules relating to procedure or that he has not had sufficient opportunity of preparing his defence, it may grant such adjournment as may appear to it in the circumstances to be proper;(3)the prosecutor may, if he desires, and shall, if so required by the Court make an opening address, and shall state therein the substance of the charge against the accused and the nature and general effect of the evidence which he proposes to adduce in support of it without entering into any unnecessary detail;(4)the evidence for the prosecution shall then be taken;(5)if it should be necessary for the prosecutor to give evidence for the prosecution on the facts of the case, he shall give it after the delivery of his address (if any), and he must be sworn or affirmed, as the case may be, and give his evidence in detail; and(6)he may be cross-examined by or on behalf of the accused and afterwards may make any statement which might be made by a witness on re-examination.[57. Plea of no case .-(1) At the close of the case for the prosecution, the accused may offer a plea that the evidence given on behalf of the prosecution, in respect of any one or more charges, has not established a prima facie case against him and that he should not, therefore, be called upon to make his defence to that charge or charges.(2)Where the accused takes such a plea, the prosecutor may address the Court in answer thereto and the accused may reply.(3)The Court shall consider the plea in closed Court and shall not allow the plea unless satisfied that-(a)the prosecution has not established a prima facie case on the charge or charges as laid; and(b)it is not open to it on the evidence adduced to make a special finding either under section 139 or sub-rule (4) of rule 62.(4)If the Court allows the plea, it shall record a finding of "Not Guilty" on the charge or charges, to which the plea relates, and shall announce the finding forthwith in open Court as subject to confirmation.(5)If the Court overrules the plea, it shall proceed with the trial.(6)If the Court has any doubt as to the validity of the plea, it may refer the matter to the convening authority, and adjourn for that purpose.(7)The Court may, of its own motion, after the close of the case for the prosecution, and after hearing the prosecutor find the accused "Not Guilty" of the charge, and announce the finding forthwith in open Court as subject to confirmation.(8)The Court shall record brief reasons while arriving at the finding on the plea, in accordance with sub-rule (1) of rule 62.]
