Question

In a summons trial case instituted on a complaint wherein the summons has been issued to the accused, the non-appearance or death of the complainant shall entail .............

• A. Discharge of the accused
• B. Acquittal of the accused
• C. Either discharge or acquittal depending on the facts and circumstances of the case
• D. None of these

Hint:

In a summons trial, the non-appearance or death of the complainant may lead to discharge or acquittal of the accused, depending on the facts.

Answer 1

The Correct Option is C

Step 1: Understanding the Question.
Under CrPC, the non-appearance or death of a complainant in a summons trial case could lead to the discharge or acquittal of the accused, depending on the specific circumstances.
Step 2: Analysis of Options.
- (A) Discharge of the accused: This may be the case, but the decision depends on the facts of the case.
- (B) Acquittal of the accused: This is possible but not automatic, as it depends on the circumstances.
- (C) Either discharge or acquittal depending on the facts and circumstances of the case: This is the correct answer.
- (D) None of these: This is incorrect, as the law provides for discharge or acquittal depending on the circumstances.
Step 3: Conclusion.
Thus, the correct answer is (C) Either discharge or acquittal depending on the facts and circumstances of the case.