Write short notes on the following: Stages of Criminal Trial in a Summons case.

Answer 6(b) Stages of Criminal Trial in a Summons Case Pre-trial: In the pre-trial stage, the process such as filing of FIR and investigation is conducted. Charges: In summons trials, charges are not framed in writing. The accused appears before the court or is brought before the court then the Magistrate would orally state the acts of the offense, he is answerable. Plea of guilty: The Magistrate after stating the facts of the offence will ask the accused if he pleads guilty or has any defence to support his case. If the accused pleads guilty, the Magistrate records the statement in the words of the accused as far as possible and may convict him on his discretion. Plea of guilty and absence of the accused: In cases of petty offences, where the accused wants to plead guilty without appearing in the court, the accused should send a letter containing an acceptance of guilt and the amount of fine provided in the summons. The Magistrate can on his discretion convict the accused. Prosecution and defence evidence: In summons case, the procedure followed is very simple and elaborate procedures are eliminated. If the accused does not plead guilty, then the process of trial starts. The prosecution and the defence are asked to present evidence in support of their cases. The Magistrate is also empowered to take the statement of the accused. Judgement: When the sentence is pronounced in a summons case, the parties need not argue on the quantum of punishment given. The sentence is the sole discretion of the judge. If the accused is acquitted, the prosecution has the right to appeal. This right to appeal is also extended to the accused.