Entering upon Defence (Section 233 of CrPc)

Legal provisions regarding entering upon defence under section 233 of the Code of Criminal Procedure, 1973.

(1) Where the accused is not acquitted under Section 232 of the Code, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay for defeating the ends of justice.

Rejection of application for conduct of joint trial proper:

Where various charges had been framed against the petitioner in three session’s trials. Their bare perusal of charges framed against the petitioner should that the offences alleged therein were not committed in the course of the same transaction or committed jointly within the period of 12 months or had embraced other ingredients envisaged in Section 223, Cr. P.C. justifying the High Court’s interference.

Splitting of trial against some accused not legally permissible:

Splitting of trial against some of the accused and simultaneously continue with the proceedings of procuring the presence of remaining accused is neither legally permissible nor congenial to the trial as it has to be intermittently subjected to fits and starts and the possibility of de novo trial, if even one of the accused appears at the far end cannot be ruled out.