S.L. 220.4 Art. 55Submission of no case to answer and power of court to stop case.

(1) At the close of the case for the prosecution the accused may submit to the court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge. If the accused makes such a submission, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor’s address.

(2) The court shall not allow the submission unless they are satisfied that -

(a) the prosecution has not established a prima facie case on the charge as laid; and

(b) it is not open to them on the evidence adduced to make a special finding under either article 104 of the Act or rule 63(3).

(3) If the court allow the submission they shall find the accused rot guilty of the charge to which it relates and announce this finding in open court forthwith; if the court disallow the submission they shall proceed with the trial of the offence as charged.

(4) Irrespective of whether there has been a submission under this rule or not, the court may at any time after the close of the hearing of the case for the prosecution, and after hearing the prosecutor, find the accused not guilty of a charge, and if they do so they shall also announce such finding in open court forthwith. Case for the defence