151. Whenever a Judge after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction therein and is succeeded by another Judge, the Judge so succeeding may act on the evidence already recorded by his predecessor or partly recorded by his predecessor and partly recorded by himself or he may re-summon the witnesses and re-commence the trial: Provided that: -
(a) the accused may when the second Judge commences his proceedings require that the witnesses or any of them be re-summoned and re-heard; |
|
(b) the Supreme Court may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had if such court is of opinion that the accused has been materially prejudiced thereby, and may order a new trial. |
|
|