109Reference by accused to Government officer
(1) If at any trial for desertion or absence without leave, over-staying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the Government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the Court shall address such officer and adjourn the proceedings until his reply is received.
(2) The written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the Court.
(3) If the court is dissolved before the receipt of such reply or if the Court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.
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- 94 Presiding officer
- 95 Judge Attorneys
- 96 Challenge
- 97 Oaths of member, Judge Attorney and witness
- 98 Voting by members
- 99 General rule as to evidence
- 100 Judicial notice
- 101 Summoning witnesses
- 102 Documents exempted from production
- 103 Commissions for examination of witnesses
- 104 Examination of a witness on commission
- 105 Conviction for offences not charged
- 106 Presumption as to signatures
- 107 Enrolment paper
- 108 Presumption as to certain documents
- 109 Reference by accused to Government officer
- 110 Evidence of previous convictions and general character
- 111 Lunacy of accused
- 112 Subsequent fitness of lunatic accused for trial
- 113 Transmission to Central Government of orders under section 112
- 114 Release of lunatic accused
- 115 Delivery of lunatic accused to relatives
- 116 Order for custody and disposal of property pending trial
- 117 Order for disposal of property regarding which offence is committed
- 118 Powers of Force Court in relation to proceedings under this Act
- 119 Tender of pardon to accomplies
- 120 Trial of person not complying with conditions of pardon