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Report No. 135

8.3. Another complex problem must be visualized and tackled.-

When a female figures as a co-accused alongwith one or more male accused in a criminal case triable exclusively by a Court of Sessions, the trial of the male accused may have to be separated. But it will entail examination of the same witnesses by two different courts. And the question which calls for an answer is how to overcome a situation where conflicting decisions may be rendered by two different courts, for, the courts concerned may disagree in assessment of the evidence of identical witnesses and reach conflicting conclusions.

In order to escape from such a situation, cases triable by Court of Sessions may be excluded from the purview of mobile courts in case the idea is considered feasible and desirable otherwise. Of course, the same problem will arise in cases not exclusive triable by a Sessions Court and perhaps there is no solution other than to live with the problem.

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