Date of Receipt of Cases in MCTC
There will be two types of cases in MCTC. One those received from other Courts. Date of receipt of those cases shall be the one when file is placed first time before MCTC. Suppose after receipt from other Court file is placed first time before MCTC on 20.07.2019 that will be the date of receipt. In second eventuality, the file of your own Court when presented before MCTC first time as Model Court that will be the date of receipt. A case in that Court was fixed on 10.07.2019 and adjourned by Magistrate for 20.07.2019. On 15.07.2019 same Court got the status of MCTC. When on 20.07.2019 that file shall be placed before MCTC it shall be considered now case of Model Court and that will be the date of receipt of case.
What commencement of trial means?
If it is a fresh case the day when charge is framed is the date of commencement. If case is received from other court and certain witness have been examined the date of commencement in that case shall mean when MCTC starts recording evidence or to proceed ahead from the stage that was last in earlier Court. Same will be the position of cases which are already pending in MCTC prior to 15.07.2019.
Upper Limit of time for deciding a Case?
Period for conclusion of trial before MCTC is Three Months . It shall start from the date of commencement of trial. (Date of commencement already explained).
Number of Witnesses Already Examined.
If case received from other Court it means witnesses recorded by that Court. If already pending in MCTC witnesses recorded before 15.07.2019.
Total Number of Witnesses Recorded in all Cases.
Example: In one case MCTC has recorded full statement of one witness (in chief and Cross). In other case Examination in Chief of one witness is recorded. In third case only cross examination is made on a witness. Total numbers shall be shown as three.
Total Number of Accused Convicted/Acquitted
Example: Suppose there are three cases decided by MCTC in one day. In first case one accused, in second case two accused and in third case three accused have been convicted. You will simply show as six in proforma.
Similarly in first case one accused, in second case two accused and in third case three accused are acquitted. You will simply show as six in proforma.
Total of Sentences in terms of Imprisonment
Example: In first case one convict is sentenced to 15 days, in second case convict is sentenced to six months and in third case convict is sentenced to three years. You will simply show as three years, six months and 15 days in proforma.
Total of Sentences in terms of Fine/ Compensation/ Diyat /Arsh/Daman.
Example: In first case one convict is sentenced to fine of Rs. 1000/=, in second case convict is sentenced to pay Daman 5000/=, in third case convict is sentenced to pay Arsh 3000/=, in fourth case convict is sentenced to pay Diyat 5000/= and in fifth case convict is directed to pay compensation (544-A Cr. PC) 3000/=. You will simply show as seventeen thousands in proforma.