# The Sessions Judges should pay personal attention to the compliance of rule 135

- **Citation:** C.L. No. 63
- **Court:** Allahabad High Court
- **Decided:** 1941-03-08
- **Case number:** C.L. No. 63
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-sessions-judges-should-pay-personal-attention-to-the-compliance-of-rule-135-163574
- **Pages:** 1

## Text

342
C.L. No. 63 dated 16th October, 1962
The Sessions Judges should pay personal attention to the compliance of rule 135
General Rule (Criminal), the intention of which is that, all such material exhibits which
are likely to be of assistance in disposal of an appeal should be submitted to the Court in
consultation with the counsel for the parties.
When there is any dispute between the prosecution and the defence as to any fact
or any inference from facts in the decision of which an inspection of the material exhibit
would be helpful, it should invariably be sent to the Court. For example, where injuries
have been caused by a sharp or pointed weapon and there is dispute as to whether the
weapon exhibited could have caused the particular injuries the weapon should be sent. In
case of gunshot injuries, the dispute as to whether the injuries could have been caused
with the particular gun is not so frequent. Similarly, bloodstained clothes of the victim
will normally not be of help to the Court except in a case where the number or nature of
holes in clothing may give any indication as to the manner of assault suggested by the
prosecution. In the former case the trial Judge would be justified in not sending the
clothes but in the latter case they should properly be submitted.
The trial Judge would be well advised to ask the counsel for the parties to note
their opinion on the margin of the order sheet or himself give the detailed opinion in his
order sheet on the date the arguments are heard.
C.L. No. 13/VII-b-53 dated 24th January, 1969
Through this C.L. the attention of the District Judges is invited to G.O. No. 220J/XXII-671-1940, dated March 8, 1941, requiring the Chemical Examiner to deal with
exhibits sent to him for examination promptly so that murder cases may be decided
expeditiously and also to G.O. No. 3503/VI-2439-1939, dated November 27, 1939,
requiring the Sessions Judges to send a copy of the judgment for information to the
Chemical Examiner in all cases in which he has been consulted.
 40.
RELEASE ON PROBATION
C.L. No. 40/VIIC-8/Admn. (D) dated 21st May, 1987
Although it is within the judicial discretion of the court to release or not to release an
offender on probation of good conduct, it would be proper to extend the application of
these provisions to more cases in areas where it is found that the persons released on
probation, whether or not under the supervision of the probation officer do not revert to
crimes. Where the applications of the provisions of the above Act have salutary effect,
there can be no objection to release of more persons on probation. If, however, it is found
that persons released on probation have abused it by reverting to crimes during or after
the period of probation, or that the supervision over such persons is slack, the trial courts
can become strict while giving the benefit of the provisions of this Act to the offenders.
The aim of the probation of Offenders Act, 1958 is to stop an offender from
becoming hardened criminal and in order to achieve this objective, the implementation of
the Act can be extended to more cases where after considering the report of the probation
officer and having regard to the circumstances of the case including the nature of the
offence and the character of the offender it is found necessary.