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Union of India - Section

Section 88 in The National Security Guard Rules, 1987

88. Submission of no case to answer and stopping of cases.

(1)
(a)at the close of the case for the prosecution the accused may submit to the Court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge.
(b)Where the accused makes such submission the prosecutor may address the Court in answer thereto and the accused may reply to the prosecutor's address.
(2)The Court shall not allow the submission unless it is satisfied that -
(a)the prosecution has not established-a prima facie case on the charge as laid; and
(b)it is not open to it on the evidence to make a special finding under either section 90 or sub-rule (4) of rule 95.
(3)
(a)Where the Court allows the submission, it, shall find the accused not guilty of the charge to which it relates and subject to confirmation the finding shall forthwith be announced in open Court.
(b)Where the court disallows the submission it shall proceed with the trial of the offence as charged.
(4)The court may, of its own motion, after the close of the hearing of the case for the prosecution, and after hearing the prosecutor find the accused not guilty of the charge and subject to confirmation the finding shall forthwith be announced in open court.