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Bare acts > Air Force Rules, 1969 > Rule 62
 
  


 

62. Procedure after plea of “guilty”. -(1) Upon the record of the plea of “guilty”, if there are other charges in the same charge-sheet to which the plea is “not guilty” I the trial shall first proceed with respect to those other charges, and after findings, on those charges, shall proceed with the charges on which a plea of “guilty” has been entered; but if they are alternative charges, the court may either proceed with respect to all the charges as if the accused had not pleaded “guilty” to any charge, or may, subject to sub-rule (2), instead of trying him, record a finding of “guilty” upon any one of the alternative charges to which he has pleaded “guilty”, and a finding of “not guilty” upon all the other alternative charges.

(2) Where alternative charges are preferred and the accused pleads “not guilty” to the charge which alleges the more serious offence and “guilty” to the other, the court shall try the accused person as if he had pleaded “not guilty” to all the charges:

Provided that this sub-rule shall not apply if the concurrence of the Convening Officer has been signified by the prosecutor.

(3) After the record of the plea of “guilty” on a charge (if the trial does not proceed on any other charges) the court shall receive any statement which the accused desires to make in reference to the charge, and shall read the summary of evidence, and annex it to the proceedings, or if there is no such summary, shall take and record sufficient evidence to enable them to determine the sentence, and the confirming officer to know all the circumstances connected with the offence. This evidence will be taken in like manner as is directed by these rules in the case of a plea of “not guilty”.

(4) After evidence has been so taken, or the summary of evidence has been read, as the case may be, the accused mav make a statement in mitigation of punishment, and may call witnesses as to his character.

(5) If from the statement of the accused or from the summary of evidence of otherwise it appears to the court that the accused did not understand the effect of his plea of “guilty” the court shall alter the record and enter a plea of “not guilty” and proceed with the trial accordingly.

(6) If a plea of “guilty” is recorded, and the trial proceeds with respect to other charges in the same charge-sheet, the proceedings under sub-rules (3) and (4) shall take place when the findings on the other charges in the same charge-sheet are recorded.

(7) When the accused at any court-material states anything in mitigation of punishment which in the opinion of the court requires to be proved, and would, if proved, affect the amount of punishment, the court may permit the accused to call witnesses to prove the same.

 

 

 

 

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