High Court appeal in a sexual offences case partly allowed: defilement conviction and life sentence were upheld, but the alternative indecent act conviction was quashed.
The High Court dismissed a criminal revision seeking sentence review, finding the trial court had already credited the applicant’s remand period when fixing sentence.
High Court criminal appeal in which the conviction for an indecent act with a child was quashed after the court found the evidence insufficient and the conviction unsafe.
Second appeal challenging an indecent-act conviction was dismissed. The Court of Appeal held the new grounds were out of scope, the evidence proved the offence, and the sentence was lawful.
The High Court, upon re-evaluating the evidence as a first appellate court, found that although the complainant's testimony was consistent and credible, the prosecution failed to prove penetration beyond reasonable doubt, as required for a conviction of rape. The medical evidence did not support penetration, and the absence of physical findings four hours after the alleged incident created reasonable doubt. However, the evidence established that the appellant intentionally and unlawfully touched the complainant's genitalia by use of force, satisfying the elements of the alternative charge of…
The High Court dismissed a criminal appeal against conviction and sentence for indecently touching a child, finding the victim’s evidence credible and supported by medical proof.