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The High Court acquitted three accused of trafficking cannabis after finding gaps and contradictions in the chain of custody of the seized exhibits.
The conviction and sentence were quashed because the only evidence implicating the appellants was weak visual identification, lacking sufficient detail and corroboration, and the prosecution failed to prove the case beyond reasonable doubt.
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The High Court dismissed a criminal appeal over alleged cattle theft, holding the prosecution had not proved stealing beyond reasonable doubt and upholding return of the cattle.
The prosecution failed to prove beyond reasonable doubt that the appellant sold the stolen cattle to the co-accused, as their oral testimonies were uncorroborated and there was no documentary or independent evidence linking the appellant to the theft. It is unsafe to convict solely on the uncorroborated evidence of co-accused persons.
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The prosecution proved beyond reasonable doubt that the first accused was found trafficking in 978.42 grams of heroin, as the search and seizure were lawfully conducted, the chain of custody was maintained, and the chemical analysis confirmed the substance. The second accused was acquitted due to lack of evidence of her participation or control over the narcotic drug.
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The prosecution failed to establish a prima facie case due to inconsistencies, lack of credible evidence, failure to call material witnesses, and the inability of circumstantial evidence to exclude other reasonable hypotheses. The accused is acquitted under section 293(1) of the Criminal Procedure Act.
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The prosecution failed to establish a prima facie case as the key eyewitness did not identify the accused as perpetrators and the prosecution evidence was contradictory and hearsay, making it insufficient to require the accused to enter a defence.
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The prosecution failed to establish a prima facie case as the key evidence relied upon, a witness statement from an absent witness, was inadmissible and insufficient. None of the prosecution witnesses directly implicated the accused in the commission of the offence.
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The prosecution failed to establish a prima facie case due to material contradictions in evidence, lack of corroboration, failure to link the accused to the offence, and absence of key witnesses, making it unsafe to require the accused to enter a defence.
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The trial magistrate erred in dismissing the charge and acquitting the respondent due to a minor misspelling of the victim's surname; the proper remedy was to order amendment of the charge under section 234(1) of the CPA, not acquittal.
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