If the witness refuses the plea section 228(4) CPA, 1985 will apply. The section provides that if the accused person refuses to plead, the court is required to enter a plea of no guilty. However, before entering a plea of what guilty under section 228(4) of CPA the Court is required to hold an inquiry into accused’s refusal to plea or muteness in order to satisfy itself whether the accused stands mute out of malice or through the visitation of God. If it is found that the accused stands mute out of malice or refuse to plea, the Magistrate will enter a plea of not guilty’ and proceed to try the charge. But where the accused does not plea to a charge or stands mute by the visitation of God, say, if he is deaf and dumb or is suffering from some decease of the mind or is so deaf that he cannot hear when the charge is read over to him such an accused person can, if he is sane, be tried if he can read or write or if intelligence can be conveyed to him by signs or symbols. See A Magistrates Manual by Justice Chipeta, page 32.
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