597. Statistical sheet. - (1) The particulars of all original cases, security proceedings under Chapter VIII and commitment enquiries under Chapter XVIII of the Code shall be entered in this sheet by the Court Moharrir as each case is disposed of. The term "disposed of' includes transfer to another province, commitment to a Court of Session or reference to a superior court for final orders on proceedings already held, e.g., under Section 123, 349 or 562 of the Code or under Section 9 or 31 of the Reformatory Schools Act, 1897, or under Section 5 or 6 of the Central Provinces Borstal Act, 1928, or under Section 5 of the Central Provinces Probation of Offenders Act, 1936 but does not include transfer to another court within the province or submission to a superior Court e.g., under Section 346 of the Code with a view to the trial being held de novo.
(2)A single sheet may include the statistics of several cases. When a case which has been referred to a superior Court for final orders on proceedings already held is disposed of, the entries in the sheet prepared by the reader of the Court receiving the reference shall be made in red ink.(3)When an accused person is tried at one trial under Section 234 of the Code on charges of distinct offences, each supported by separate and independent evidence, the number of such offences shall be entered in column 4. But when an accused person is tried at one trial under Section 335 of the Code for several offences arising out of the same transaction or on alternative charges under Section 336, the figure I shall be entered in column 4 and only the principal offence of which the accused is convicted (or, in case of acquittal, the principal offences of with which he is charged) shall be entered in column 2. In doubtful cases the orders of the Magistrate should be taken as to which of the several offences should be deemed to be the principal offence. The columns showing persons brought for trial and persons disposed of are to be filled in on similar principles. An accused person is said to be brought to trial when he is produced or when he appears personally or by agent before the Court. The following examples are appended for guidance.(a)A is charged with and tried at one trial for three thefts committed within the space of twelve months. He is convicted on two charges and acquitted on the third charge. The sheet should show three cases brought to trial (column 4), three persons brought to trial (column 9), one person acquitted (column 11), and two persons convicted (column 12).(b)A is charged with and tried at one trial under Section 235 of the Code for the offences of rioting, voluntarily causing grievous hurt and assaulting a public servant endevouring in the discharge of his duty to suppress the riot, all the acts being so connected together as to form the same transaction. A is acquitted of the offence under Section 147 of the Indian Penal Code, but is convicted of offences under Sections 152 and 325 and is sentenced to a term of imprisonment for each offences. The sheet should show one case and one person brought to trial under Section 325 (columns 2, 4 and 9) and one person convicted (column 12), the acquittal under Section 147 and the conviction under Section 152 being left out of account.(c)A is charged with and convicted in the alternative of theft in a building or receiving stolen property. For statistical purposes only the former offence should be taken into account.(4)Where several persons are tried jointly at one trial under Section 325 of the Code, the principles given in sub-rule (3) above should be followed, and only the major offences shall be reported for the purposes of the statistical sheet. An example is given below:-Nine accused are tried jointly; two are discharged, seven are charged under Section 147/325 of the Penal Code: of these seven, six are convicted under Section 147 and Section 325 and given separate sentences under each section, and one is convicted under Section 323.The statistical sheet will show Section 325 and Section 323 as the law applicable (column 2) and against each section there will appear a line of entries. Against Section 325 the entries will be one case brought to trial (column 4) and one case disposed of (column 6); the number of persons brought to trial will be eight (column 9), two discharged (column 11) and six convicted (column 12). The number of cases will be one (column 20). The remarks column will refer to column 9 and say "Excludes one person convicted under Section 323, Indian Penal Code".Against Section 325 (column 2) there will be no entry in columns 4 and 6, and the only entries will be one person brought to trial (column 9), one person convicted (column 12), and in the remarks column a reference to column 9 saying "include the person mentioned above", i.e., in the remarks column of the line of entries against Section 325.(5)In column 3 shall be entered all those cases is which during the year a magistrate declared that the charge was false or that the facts alleged did not amount to an offence or that the offence never occurred. Cases in which action was taken under Section 250 of the Code and the complainant was ordered to pay compensation shall be included. When a complaint against a number of persons is found to be false against some and true against others it shall be regarded as a true case.(6)When an accused person, subject to military laws, is transferred from a Magistrate's Court before which he was brought to trial to the military authorities for trial by court-martial, the transfer is to be considered as a transfer to another province and shown accordingly in column 15 of the sheet.(7)An accused person, in respect of whom an order is made dismissing the case or releasing the offender, either unconditionally or conditionally on his executing a bond, under Section 4 or Section 5 of the Central Provinces Probation of Offenders Act, 1936, shall, notwithstanding that the Court has not proceeded to conviction, be shown in column 12 of the sheet and a corresponding entry made in column 16. A note should be made in the remarks column in respect of the persons entered for statistical purposes as convicted but in fact dealt with under Section 4 (1) (i) of the Act and not convicted.(8)In column 16 shall be entered cases dealt with under Section 562 of the Code, Section 31 of the Reformatory Schools Act, 1897, Section 28 of the Central Provinces Children Act, 1928, Section 3 or 4 or 5 of the Central Provinces Probation of Offenders Act, 1936, Section 130 of the Railways Act, 1930, and any similar enactment which permits the release of an offender without the imposition of a substantive sentence of imprisonment, fine, whipping or detention.(9)In column 19 shall be noted the number of persons convicted of offence under Chapter XII or Chapter XVIII of the Indian Penal Code and liable to enhanced punishment under Section 75 of that Code on account of their previous convictions, whether or not such enhanced punishment was actually awarded.(10)Cases in which an accused person has been forwarded in custody or on bail to the magistrate, after authorized investigation by police officers, revenue officers or other Courts are designated State cases. Cases of which cognizance is taken under Section 190 (1) (a) or (c) of the Code or designated complaint cases.(11)Both in State cases and in complaint cases duration shall be calculated from the date of the apprehension of the accused or from the date of his appearance in Court, whichever is earlier. When a case which has not been disposed of within the meaning of sub-rule (1) is received by another Court, duration shall be calculated from the date of apprehension or appearance in the first Court. In cases having more accused persons than one, duration shall be calculated from the earliest date on which any accused appeared in court or was apprehended.(12)A note shall be made in the remarks column of that sheet-(a)of an accused being required to keep the peace under Section 106 of the Code;(b)of an accused being a male juvenile;(c)of an accused who is a male juvenile being sentenced to whipping;(d)of any complainant being ordered to pay compensation under Section 250 of the Code, the number of accused persons affected being stated;(e)of detail regarding the persons returned in column 15;(f)of previous convicts shown in column 19, who were ordered to notify their residence to the police after their release or who were sentenced to suffer solitary confinement;(g)of the fact that the entries relate to the retrial of, or further enquiry into a case once decided which has been ordered by an Appellate or Revisional Court, by writing the word retrial in red ink;(h)of an accused shown as convicted in column 12 in respect of whom the Court has not proceeded to conviction under Section 4 or Section 5 of the Central Provinces Probation of Offenders Act, 1936;(i)of the various enactments under which persons returned in column 16 have been dealt with.
