Conviction 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 who has and who exercises such jurisdiction, the 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 : 1 Renumbered by Act No. XVIII of 1923, s.92. 2 Ins. ibid. ^{[3] [4] [5] [7] [8] [9]}
   1. Where the conviction was held before a Sessions Judge, the High Court; and
   2. 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 ^[1] . ^[1]