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The Court of Appeal upheld a rape conviction but quashed the conviction for impregnating a schoolgirl, citing lack of proof after excluding improperly received testimony.
The trial court erred in law by failing to conduct a mandatory inquiry into the appellant's age after he claimed to be a minor, rendering the proceedings, conviction, and sentence a nullity and necessitating a retrial after proper age determination.
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The District Court of Missenyi lacked jurisdiction to try the appellant as an adult because he was below 18 years old and no age inquiry was conducted, rendering the proceedings, conviction, and sentence a nullity.
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The prosecution proved beyond reasonable doubt that the appellant committed the offence of unnatural offence against a child under 10 years old, based on credible testimony of the victim, corroborated by medical and other witness evidence. The age of the victim was sufficiently proved by the victim and his mother. The caution statement was improperly admitted and expunged, but the remaining evidence was sufficient for conviction. There was no legal requirement for a voire dire test, and the failure to call a ten-cell leader did not create reasonable doubt.
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The 3rd accused's age claim, though raised late, triggers the court's duty to determine age under child protection laws; proceedings against him are stayed pending an official age inquiry by the Social Welfare Officer, with full compliance to statutory safeguards.
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The oral evidence of the medical practitioner and the victim, corroborated by the victim's father, was sufficient to prove the offence of rape beyond reasonable doubt, even after the medical report was expunged. The age of the victim was properly established, and consent is irrelevant due to the victim's age.
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The High Court upheld a guilty plea conviction for attempted rape but set aside the 30-year sentence because the trial court failed to inquire into the appellant’s age.
The appeal was dismissed because the exhibits were properly read over, the Clinical Officer was competent to examine the victim and fill PF3, the appellant's age was consistently admitted as nineteen during trial, and the prosecution proved the offence of rape beyond reasonable doubt through credible evidence, especially the victim's testimony.
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The cautioned statement was properly admitted without objection and within the statutory time, and the appellant's confession was corroborated by other evidence. The appellant was found to be 18 years old at the time of the offence based on credible prosecution evidence, and the sentencing inquiry was properly conducted. The conviction and death sentence were upheld.
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Prosecution failed to prove the case beyond reasonable doubt due to unreliable identification, questionable reliability of victim's testimony, and failure to prove the age of the victim; conviction and sentence cannot stand.
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