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350. Conviction a..... on evidence partly recorded by one presiding officer and partly by another.

(1) Whenever any Sessions Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Sessions Judge or Magistrate, so succeeding, may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself or he may re-examine the witnesses and recommence the inquiry or trial: Provided that-

(a)    where the conviction was held before a Sessions Judge, the High Court, and

(b)    where the conviction was held before a Magistrate, the High Court or the Court of Session.

may, whether there be an appeal or not, set aside any conviction passed on evidence, not wholly recorded by the Sessions Judge or Magistrate before whom the conviction was held, if such Court is of opinion that the accused has been materially prejudiced thereby, and may order a new inquiry or trial'] .

(2) Nothing in this section applies to cases in which proceedings have been stayed under section 346 or in which proceedings have been submitted to a [Magistrate specially empowered] under section 349.

(3) When a case is transferred under the provisions of this Code from one Magistrate to another, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter within the meaning of sub section (1)
 

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