Legal Provisions of Section 255 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Acquittal or conviction:
The Magistrate is not empowered to record an order of acquittal until he has heard all the prosecution and defence witnesses. An order of acquittal can be passed by the Magistrate only after hearing the witnesses and taking evidence referred to in Section 254. An order of acquittal passed without examining the material prosecution witnesses will be illegal.
ADVERTISEMENTS:
However, if the prosecution does not take any step to produce witnesses nor does he makes a request to the Court to give time or issue fresh summons, then under such circumstances the Magistrate can record an order of acquittal under Section 255 if there is no evidence to hold the accused guilty.
If the Magistrate convicts the accused, he will pass sentence on him according to law. However, considering the character of the accused, the nature of the offence committed by him and the circumstances of the case, the Magistrate may, instead of passing the sentence, decide to release the accused, on probation of good conduct under
Section 360 or under the Probation of Offenders Act, 1958 or proceed in accordance with provisions of Section 325 if he is not empowered to pass sentence sufficiently severe for the offence of the accused.
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