Section 12345(4) in The Air Force Rules, 1969

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Union of India - Subsection

Section 12345(4) in The Air Force Rules, 1969

(4)[Denotes paragraph number.] Question to the accused-Do you wish to apply for an adjournment on the ground that any of the rules relating to the procedure before trial have not been complied with, and that you have been prejudiced thereby, or on the ground that you have not had sufficient opportunity for preparing your defence?A-[Instruction.-If the accused desires to make an application for adjournment, the Court will hear any statement or evidence which he may desire to adduce in support thereof, and any statement of the prosecutor or evidence in answer thereto. Witnesses will be examined, cross-examined, etc., as provided hereinafter in this paragraph and in paragraph (b).]VARIATIONIf an adjournment is applied for by the accused.DECISIONThe Court is closed to consider its decision.The Court allows (or overrules) the application by the accused for adjournment or allows adjournment upto.The Court is re-opened, and the above decision is read to the accused-[If the prosecutor makes an address]. The prosecutor makes the following address for, if the address is written, hands in a written address, which is read (orally translated), marked signed by the presiding officer (judge-advocate) and attached to the proceedings.][Instruction.-Where the address of the prosecutor is not in writing, the Court should record so much as appears to it material, and so much as the prosecutor requires to be recorded.]First witness for prosecution.The prosecutor proceeds to call, witnesses.Being duly sworn [affirmed] is examined by the prosecutor.

Cross-examined by the Accused

Re-examined by the Prosecutor

Examined by the Court

His evidence is read to the witness.[Instruction.-The fact that sub-rules (2), (3) and (4) of rule 119 have been complied with should be recorded.]The witness withdraws.VARIATIONThe accused declines to cross-examine this witness.[Instruction.-In every case where the accused does not cross-examine the witness for the prosecution this statement is to be made, in order that it may appear on the face of the proceedings that he has had the opportunity given to him of cross-examination.]The Court, at the request of the accused, allows the cross-examination of the witness to be postponed.The accused [or the prosecutor] objects to the following question [Give also rounds of objection by the person requesting opinion of the Court, the reply by the other person(s) and advice by the judge-advocate, if any. See rule 95.]-The Court is closed to consider their decisionThe Court overrules [or allows] the objection and the Court is re-opened and the decision announced.The witness, on his evidence being read to him, makes the following explanation or alteration-Examined by the prosecutor as to the above explanation or alteration.Examined by the accused as to the above explanation or alteration.The prosecutor and accused decline to examine him respecting the above explanation or alteration.Second witness for prosecution.being duly sworn [affirmed], is examined by the prosecutor.[The examination, etc., of this and every other witness proceeds as in the case of the first witness.]ADJOURNMENTAt .................................O'clock the Court adjourns until.................................O'clock, on the ..............................Second day..............................on the............................ of.................20.......... at .................................O'clock, the Court re-assembles pursuant to adjournment, presents the same members as on the .................................ofVARIATION[Instructions.-(a) If a member is absent, and his absence will reduce the Court, below the legal minimum and it appears to the members present that the absent member cannot attend within a reasonable time, the presiding officer or senior member present will thereupon report the case to the convening officer.

(b)If the judge-advocate is absent, and cannot attend within a reasonable time the Court will adjourn, and the presiding officer will thereupon report the case to the convening authority.]

Absent member-[Rank-Name-Unit] being absent.[The absence is accounted for].A medical certificate [or letter, or as the case may be] is produced, read marked .................................. signed by the presiding officer (judge-advocate) and attached to the proceedings.The Court adjourns untilorThere being present .................................[not less than the legal minimum] members, the trial is proceeded with.[Instructions.-(a) If the Court, in consequence of the adjournment having been prolonged by the senior officer on the spot, or otherwise, does not meet on the day to which it previously adjourned, or if the adjournment was until further orders, the words "pursuant to adjournment" will be omitted from the above form, and the cause of its meeting at the above time will be entered in the proceedings.

(b)If the place of meeting has been already by orders or otherwise, the place of meeting and the reason for meeting at that place will be entered in the proceedings.]

Examination (cross-examination) of ..........................................................................continuedThe prosecution is closed.VARIATION(If the accused offers a plea of "no case")Accused offers a plea of no case, and in support thereof says .................................[or hands in a written address, which is read (orally translated), marked Exhibit ...........................signed by the presiding officer (judge-advocate), and attached to the proceedings.]The prosecutor makes the following reply [or, if the reply is in writing, hands, in a written reply, which is read (orally translated) marked Exhibit .................................signed by the presiding officer (judge-advocate), and attached to the proceedings).orThe prosecutor declines to make a reply.[If the prosecutor makes a reply, the accused will have a right to make a counter-reply].[Instructions.-(a) Where the reply of the prosecutor is not in writing, the Court should record so much as appears to it material, and so much as the prosecutor requires to be recorded.

(b)If the address (or counter-reply) of the 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 address (or counter-reply) is not in writing and not 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 support of the plea.]The judge-advocate hands in a written advice, which is read (orally translated) marked Exhibit ...............................signed by the presiding officer, and attached with the proceedings.The Court is closed to consider its decision.The Court disallows the plea [or allows the plea] (or allows the plea on ................................ and charges and disallows the plea on .................................and.................................charges.)The Court is reopened, and the above decision is read to the accused and the accused is informed, that the decision is subject to confirmation.[If there are no charge or charges on which the trial may proceed, adopt procedure from paragraph (9), and omit procedure given below upto and including para (8) otherwise].The trial proceeds on ................................and.................................charges.DEFENCEThe accused (or counsel for the accused, or the defending officer may make an opening address).The accused [or counsel for the accused, or the defending officer makes the following address or, if the address is written, hands in a written address, which is read (orally translated), marked Exhibit .................................signed by the presiding officer (judge-advocate) and attached to the proceedings].[Instructions.-Where the address of the accused (or counsel for the accused or the defending officer) is not in writing, the Court should record so much as appears to it material, and so much as the accused (or counsel for the accused or the defending officer) requires to be recorded].Question to the accused-Do you wish to make any statement as to the facts of the case?A-VARIATIONThe Court, at the request of the accused, adjourns until ......................to enable him to prepare his defence.The accused in his defence says .................................[or hands in a written address, which is read (orally translated) marked Exhibit .................................signed by the presiding officer (judge-advocate) and attached to the proceedings].[Instructions.-If the statement of the accused is not in writing, the material portions should be taken down in the first person 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 defence or in mitigation of punishment.]Question to the accused-Do you intend to call any witness in your defence?A-Yes (No).Q-ls he a witness as to character only?A-VARIATION

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Union of India - Subsection

Section 12345(4) in The Air Force Rules, 1969