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[Cites 0, Cited by 0] [Section 12345] [Entire Act]

Union of India - Subsection

Section 12345(3) in The Air Force Rules, 1969

(3)[Denotes paragraph number.] The charge-sheet is signed by the presiding officer [judge-advocate] marked 'B-2' and annexed to the proceedings.The accused is arraigned upon each charge in the above-mentioned charge-sheet.Question to the accused-Are you guilty or not guilty of the [first] charge against you, which you have heard/read?A-[Instruction. - When there is more than one charge the foregoing question will be asked after each charge is read, the number of the charge being stated.][Instruction. - If the accused pleads guilty to any charge, the provisions of rule 60(2) must be complied with, and the fact that they have been complied with must be recorded.]VARIATIONSThe accused objects to the charge.Question to the accused-What is your objection?DECISIONThe Court is closed to consider its decision.The Court disallows the objection [or, the Court allows the objection, and agrees to report to the convening officer.]The Court is re-opened, and the above decision is read to the accused.The Court proceeds to the trial [or, adjourns.]Plea to jurisdiction-The accused pleads to the general jurisdiction of the Court.Question to the accused-What are the grounds of your plea?A-Q-Do you wish to produce any evidence in support of your plea?A-Witnesses-Witnesses are examined on oath [or affirmation].[Instruction.-The examination, etc., of the witnesses called by the accused, and of any witnesses called by the prosecutor in reply, will proceed as directed below in paragraphs (4) and (6). The prosecutor will be entitled to reply after all the evidence is given].Decision-The Court is closed to consider its decision.The Court allows [or overrules] the plea [or resolves to refer the point to the convening authority, or decides specially that ...................................].The Court is re-opened, and the above decision is read to the accused.The Court proceeds to the trial [or adjourns].VARIATIONPlea in bar of trial-Accused, besides the plea of guilty [or, not guilty], offers a plea in bar of trial.Question to the accused-What are the grounds of your plea?A-Q-Do you wish to produce any evidence in support of your plea?A-Witnesses-Witness examined on oath [or affirmation].[Instruction.-The examination, etc., of the witnesses called by the accused, and of any witnesses called by the prosecutor in reply, will proceed as directed below in paragraphs (4) and (6). The prosecutor will be entitled to reply after all the evidence is given].Decision-The Court is closed to consider its decision.The Court allows the plea and resolves to adjourn [or to proceed to the trial on another charge] [or the Court overrules the plea].The Court is re-opened, and the above decision is read to the accused.The Court adjourns [or proceeds with the trial on another charge] [or proceeds with the trial].VARIATIONSThough the accused pleads "Guilty" to the charge, the Court records a plea of "Not Guilty" as required by rule 60(4).orRefusal to plead-As the accused does not plead intelligibly [or refuses to plead to the above charge, or does not plead "guilty" to the above charge] the Court enters a plea of "not guilty".[Instruction.-Where the Court has recorded a plea of "Guilty" on some and a plea of"Not Guilty" on other charges, the trial in respect of the charges on which a plea of "Guilty" has been recorded, will not proceed, until the proceedings upto and including findings in respect of the other charges on which the plea is "Not Guilty" have been completed.]PROCEEDINGS ON PLEA OF NOT GUILTY