Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 12345] [Entire Act]

Union of India - Subsection

Section 12345(10) in The Air Force Rules, 1969

(10)The Court reopens and the charge(s) on which a plea of "Guilty" has been recorded are read in the hearing of the accused.Question to the accused-Do you wish to make a statement with reference to the charge?A-Yes (No).[Instructions.-The accused may in accordance with rule 62(3) make any statement he wishes with reference to the charge.]The accused says .................................(or, if the statement is in writing, hands in a written statement which is read (orally translated), marked .................................. signed by the presiding officer (judge-advocate) and attached to the proceedings.[Instruction.-If the statement of the accused is not in writing, the material portions should be taken down in the first person, and as nearly as possible in his own words. In any case, any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every point brought forward in mitigation of punishment.]VARIATIONThe Court gives permission to the accused to call witnesses to prove his statement that [here specify the statement which is to be proved.][Instructions.-The examination, etc., of witnesses called in pursuance of the permission will proceed in the same manner as in paragraph (6).]The summary of evidence is read (orally translated), marked .................................. signed by the presiding officer (judge-advocate) and attached to the proceedings.[Instructions.-If there is no summary of evidence, sufficient to enable the Court to determine the sentence and to enable the confirming officer to know all the circumstances connected with the case will be taken as in paragraph (4). No address will be allowed.]Question to the accused-Do you wish to make any statement in mitigation of punishment?A-No. orThe accused in mitigation of punishment says or if the statement is in writing hands in a written statement, which is read (orally translated), marked ................................., signed by the presiding officer (judge-advocate) and attached to the proceedings.[Instruction.-If the statement of accused is not in writing, and is delivered by himself, the material portions should be taken down in the first person, and as nearly as possible in his own words.If the statement is not in writing and note delivered by the accused himself the material portions should be recorded.In either case any matter which is requested by or on behalf of the accused to be recorded should be recorded, and care must be taken, whether a request is made or not, to record every point brought forward in mitigation of punishment.]Evidence as to characterQuestion to the Accused-Do you wish to call any witnesses as to character?A-Yes (No).[Instruction.-The examination, etc., of witnesses as to character will proceed as in paragraph (5).]The accused (No ................................. Rank................................ Name ................................. Unit .................................) is found guilty of the charge [or all the charges].VARIATIONThe Court being satisfied from the statement of the accused or the summary of evidence, or otherwise], that the accused did not understand the effect of the plea of "Guilty" in respect of .................................and.................................charges, alters the record and enters a plea of "Not Guilty" in respect of them.[Instruction.-The Court will then proceed in respect of the charges for which the plea has been altered, as in paragraph ( )].PROCEEDINGS ON CONVICTIONBefore sentence