convicted
for offence under Section 6 of the POCSO Act. However, the trial Court
while taking note of Section 318 Cr.P.C. referred ... apposite to refer to Section 318 Cr.P.C.,
which reads as under:
"318. Procedure where accused does not understand proceedings -
If the Accused
appellant, Criminal Revision No. 940 of 1989 filed by the complainant, as also the reference under Section 318 of the Code of Criminal Procedure ... belonging the Nirmal Singh Under Section 379 , IPC.
3. A reference under Section 318 of the Code of Criminal Procedure was made in the case
Section 319 Cr.P.C., this
Court held that the power is discretionary and
should be exercised only to achieve criminal justice
and that ... shell, it means that for
exercise of discretion under Section 318 Cr.P.C, all
relevant factors, including the one noticed above,
have
passed by the trial Court while declining the
application under Section 318 Cr.P.C. moved at the instance of the
petitioner yet the learned ... accused, who is facing trial for the offences
under Sections 308 , 326 , 325 and 34 IPC. On account of the
disability suffered by the petitioner
this Court in view of provisions of Section 318 of the Code of Criminal
Procedure (in short - Cr.P.C .).
No one is appearing ... counsel and perused the case file.
Section 318 Cr.P.C. is reproduced hereunder :-
"318. Procedure where accused
does not understand proceedings
which was found to
be a serious crime under section 318(4) CrPC ... force of
the application, case number 104 dated 21.07.2025 under section
318 (4) CrPC was registered and copies of the FIR were
prepared
accused submits that reference made
to this Court under Section 318 Cr.P.C. has been rendered infructuous as
the accused has expired during
some
direction to the court below to decide the application under section
318 Cr.P.C. before proceeding further with the trial. With such
direction ... court
below to take a decision on the application moved under section
318 Cr.P.C. before proceeding further with the trial
closed the prosecution
evidence.
5. The statement of the accused,
under Section 313 Cr.P.C., was recorded,
and he was put all the incriminating ... provisions of Section
428 of the Code of Criminal Procedure, and
submit the compliance report within two
months.
Crl. Appeal No. 318
petition under Section 482 of the Criminal
Procedure Code, 1973 (for brevity, the Code), petitioner, the
accused, in criminal complaint No. 318
