Section 95 in The National Security Guard Rules, 1987
95. Record and announcement of finding.
(1)The finding on every charge upon which the accused is arraigned shall be recorded and except as provided in these rules, shall be recorded simply as a finding of "Guilty" or of "not guilty".(2)Where the Court is of opinion as regards any charge that the facts proved do not disclose the offence charged or any offence of which he might under the Act legally be found guilty on the charge as laid, the court shall acquit the accused of that charge.(3)If the court has doubts as regards any charge whether the facts proved, show the accused to be guilty on the charge as laid, it may before recording a finding on that charge, refer to the confirming authority for an opinion setting out the facts which it finds to be proved and may if necessary adjourn for that purpose.(4)Where the court is of opinion as regards any charge that the facts which it finds to be proved in evidence differ materially from the facts alleged in the statement of particulars in the charge but are nevertheless sufficient to prove the offence stated in the charge, and that the difference is not so material as to have prejudiced the accused in his defence, it may instead of a finding of "not guilty" record a special finding.(5)The special finding may find the accused guilty on a charge subject to the statement of exceptions or variations specified therein.(6)Where there are alternative charges, and the facts proved appear to the Court not to constitute the offence mentioned in any of those alternative charges, the Court shall record a finding of "Not Guilty" on that charge.(7)The court shall not find the accused guilty on more than one of two or more charges laid in the alternative, even if conviction upon one charge necessarily connotes guilty upon the alternative charge or charges.(8)If the Court thinks that the facts proved constitute one of the offences stated in two or more of the alternative charges, but doubts which of those offences the facts do at law constitute, it may, before recording a finding on those charges, refer to the confirming authority for an opinion, setting out the facts which it finds to be proved and stating that it doubts whether those facts constitute in law the offence stated in such one or other of the charges and may, if necessary, adjourn for that purpose.(9)The finding on each charge shall be announced forthwith in open Court as subject to confirmation.
