CHANGE OF JUDGE/MAGISTRATE
Change of Sessions Judge during trial. The trial must begin de novo. 8 Cr.L.J. 59 Durga Charan v. Crown. 49 Mad. 117 Re : Umar Haji.
Trial is illegal when conviction is recorded by Sessions Judge on evidence partly recorded by him and party recorded by his predecessor in Court. (DB) PLD 1950 Lah. 24, Bashir v. Crown. 1975 P.Cr. LJ 880.
Convictions is illegal when a Sessions Judge convicts an accused on evidence entirely recorded by another Sessions Judge. Section 305, Cr.P.C does not apply to trials in Court of Sessions. (DB) PLD 1959 Pesh. 20 Hakim Khan.
In spite of agreement of the accused that they did not want the evidence of the PWs already examined by the other Sessions Judge be recorded afresh. Trial held to be illegal. Retrial was ordered. (DB) 1969 P.Cr. LJ. 1180 Muhammad Ismail.
De novo trial by Sessions Judge is discretionary reasons must be given, when reasons not given and accused materially prejudiced, order set aside and case remanded for rehearing of arguments. PLJ 1980 Cr.C. (Kar.) 384. Muhammad Saleh v. Kadir Bakhsh 1980 P.Cr.LJ 1228.
No de novo trial by Sessions Judge, he can decide the case on the evidence recorded by his predecessor. PLD 1980 Kar. 96. State v. Nayyar Mirza PLJ 1980 Cr.C. (Kar.) 20
Note : See 350, Cr.P.C was amended by Ord. VIII of 1980 Now read the amended laws.