Section 255 of CrPC : Section 255: Acquittal or conviction.

Explanation using Example

Example 1:

Scenario: Ramesh is accused of petty theft in a local market.

Process:

1. Evidence Collection: The Magistrate collects evidence as per Section 254, including witness statements and CCTV footage.
2. Magistrate's Decision:
   • Acquittal: If the evidence shows that Ramesh was not at the market during the theft, the Magistrate finds him not guilty and records an order of acquittal as per Section 255(1).
   • Conviction: If the evidence proves Ramesh's involvement, the Magistrate finds him guilty and passes a sentence according to the law as per Section 255(2).

Example 2:

Scenario: Sita is accused of causing a public nuisance by playing loud music late at night.

Process:

1. Evidence Collection: The Magistrate gathers evidence, including complaints from neighbors and police reports.
2. Magistrate's Decision:
   • Acquittal: If the evidence shows that Sita was not responsible for the noise, the Magistrate finds her not guilty and records an order of acquittal as per Section 255(1).
   • Conviction: If the evidence proves Sita's responsibility, the Magistrate finds her guilty and passes a sentence according to the law as per Section 255(2).

Example 3:

Scenario: Mohan is accused of driving without a valid license.

Process:

1. Evidence Collection: The Magistrate reviews the evidence, including the traffic police report and Mohan's driving records.
2. Magistrate's Decision:
   • Acquittal: If the evidence shows that Mohan had a valid license at the time, the Magistrate finds him not guilty and records an order of acquittal as per Section 255(1).
   • Conviction: If the evidence proves Mohan was driving without a valid license, the Magistrate finds him guilty and passes a sentence according to the law as per Section 255(2).

Example 4:

Scenario: Priya is accused of trespassing on private property.

Process:

1. Evidence Collection: The Magistrate collects evidence, including testimonies from the property owner and any physical evidence of trespassing.
2. Magistrate's Decision:
   • Acquittal: If the evidence shows that Priya had permission to be on the property, the Magistrate finds her not guilty and records an order of acquittal as per Section 255(1).
   • Conviction: If the evidence proves Priya trespassed without permission, the Magistrate finds her guilty and passes a sentence according to the law as per Section 255(2).

Example 5:

Scenario: Arjun is accused of public intoxication.

Process:

1. Evidence Collection: The Magistrate reviews evidence, including police reports and witness statements.
2. Magistrate's Decision:
   • Acquittal: If the evidence shows that Arjun was not intoxicated in public, the Magistrate finds him not guilty and records an order of acquittal as per Section 255(1).
   • Conviction: If the evidence proves Arjun was publicly intoxicated, the Magistrate finds him guilty and passes a sentence according to the law as per Section 255(2).