57. Plea of no case. —(1) At the close of the case for the prosecution, the accused may offer a plea that the evidence given on behalf of the prosecution, in respect of any one or more charges, has not established a prima facie case against him and that he should not, therefore, be called upon to make his defence to that charge or charges.
(2) Where the accused takes such a plea, the prosecutor may address the court in answer thereto and the accused may reply.
(3) The court shall consider the plea in closed court and shall not allow the plea unless satisfied that—
(a) The prosecution has not established a prima facie case on the charge or charges as laid; and
(b) It is not open to it on the evidence adduced to make a special finding either under section 139 or sub-rule (4) of rule 62.
(4) If the court allows the plea, it shall record a finding of “Not Guilty” on the charge or charges, to which the plea relates, and shall announce the finding forthwith in open court as subject to confirmation.
(5) If the court overrules the plea, it shall proceed with the trial.
(6) If the court has any doubt as to the validity of the plea, it may refer the matter to the convening authority, and adjourn for that purpose.
(7) The court may, of its own motion, after the close of the case for the prosecution, and after hearing the prosecutor find the accused “Not Guilty” of the charge, and announce the finding forthwith in open court as subject to confirmation.
(8) The court shall record brief reasons while arriving at the finding on the plea, in accordance with sub-rule (1) of rule 62.
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