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Bare acts > Army Rules, 1954 > Rule 68
 
  


 

68. Revision. —(1) Where the finding is sent back for revision under section 160 the court shall reassemble in open court the revision order shall be read, and if the court is directed to take fresh evidence, such evidence shall also be taken in open court.


(2) Except where the court is directed to take fresh-evidence, no fresh evidence shall be adduced.

(3) The court may, on a request from the prosecutor, in the interest of justice, allow a witness to be called or re-called for the purpose of rebutting any material statement made by a witness for the defence during revision.

(4) After the revision order has been read in open court whether the revision is of finding or sentence and the evidence, if any, in accordance with sub-rules (1),(2) and (3) has been taken, the prosecutor and the accused shall be given a further opportunity to address the court in the order as laid down in rule 59. If necessary, the judge-advocate, if any, may sum up the (additional) evidence and advise the court upon the law relating to the case. The court shall then deliberate on its finding or the sentence, as the case may be, in closed court.

(5) Where the finding is sent back for revision and the court does not adhere to its former finding, it shall revoke the finding and sentence, and record the new finding, in the manner laid down in rule 62, and if such new finding involves a sentence, pass sentence afresh, after complying with rule 64.

(6) Where the sentence alone is sent back for revision, the court shall not revise the finding.

(7) After the revision, the presiding officer shall date and sign the decision of the court, and the proceedings, upon being signed by the judge-advocate, if any, shall at once be transmitted for confirmation.

 

 

 

 

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