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

Union of India - Subsection

Section 12345(5) in The Air Force Rules, 1969

(5)[Denotes paragraph number.] [Instructions.-If the accused calls no witness to the facts of the case adopt this and omit paragraph (6)].First witness as to character.The accused calls the following witnesses as...................to character; .................... is duly sworn (affirmed).
 
Examined by the Accused
Cross-examined by the Prosecutor
Re-examined by the Accused
Examined by the Court
 
His evidence is read to the witness.[Instructions.-The fact that sub-rules (2), (3) and (4) of rule 119 have been complied with should be recorded.]The witness withdraws.VARIATIONThe prosecutor declines to cross-examine this witness.The witness, on the evidence being read to him, makes the following explanation or alterations.Examined by the accused as to the above explanations or alterations.Examined by the prosecutor as to the above explanations or alterations.The accused and the prosecutor decline to examine him in respect of the above explanations or alterations.[The prosecutor may, in reply to the witnesses as to character, call witnesses to produce proof of former conviction either by a Court-Martial or by a criminal Court and the entries in the service conduct sheet].The prosecutor addresses the Court about the evidence for the prosecution as follows [or, if the address is in writing, 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 prosecutor is not in writing the Court should record so much as appears to them material and so much as the prosecutor requires to be recorded.]The accused (or the counsel for the accused or the defending officer) addresses the Court in reply as follows [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 address 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 early as possible in his own words.If the address is not in writing and not delivered by the accused himself the material portions should be recorded.In either case any material 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 the defence or in mitigation of the punishment.]VARIATIONThe Court, at the request of the prosecutor, adjourns until .................................to enable the prosecutor to prepare his address.The Court, at the request of the accused, adjourns until .................................to enable the accused to prepare his reply.[After this adopt procedure from paragraph (7), and omit paragraph (6).]