Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]

S.252: Conviction on plea of guilty - If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. it is open to the Magistrate to convict the accused if he appears to have committed another offence admitted to have been committed or proved by the evidence in view of Section 255 Cr.P.C. : THE “TRIAL” PROPER Where the accused is not convicted under Section 252 Cr.P.C even on his “pleading guilty” or where the accused “pleads not guilty”, the Magistrate should proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. : Accused can be convicted for any other “admitted” or “proved” offence While convicting the accused on merits under Section 255 Cr.P.C it is open to the Magistrate to convict the accused if he appears to have committed another offence admitted to have been committed or proved by the evidence in view of Section 255 Cr.P.C. A Division Bench of the Kerala High Court on 05-12-2023 in 2023 KHC OnLine 821 – Jayasankaran Nambiar, Kauser Edappagath – JJ, has taken the view that the Magistrate can exercise the power under Section 258 Cr.P.C even before the appearance of the accused in a case where the accused could not be served even after coercive steps taken against him.