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The High Court dismissed a criminal appeal against convictions for unnatural offence and attempted unnatural offence, holding the prosecution proved the case beyond reasonable doubt.
The trial magistrate erred by introducing extraneous matters into the judgment, specifically by inferring 'anus' where the evidence only established 'buttocks', thus misdirecting the determination. Upon re-evaluation, the evidence established explicit acts by the respondent directed at the commission of unnatural offence, satisfying the requirements for attempt under section 155 of the Penal Code. The prosecution proved its case beyond reasonable doubt.
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The conviction for attempt to commit unnatural offence was proper as the prosecution proved explicit acts directed at commission of the offence, and the charge was not substituted or defective; absence of penetration meant conviction for attempt, not the substantive offence.
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The Court of Appeal quashed a criminal conviction after finding fatal procedural defects: the charge was not properly read, witnesses were not sworn, and the trial judgment was defective.
The conviction was quashed because the evidence of the child witness (PW4) was recorded in contravention of section 127(2) of the Evidence Act, rendering it valueless; without this evidence, the remaining prosecution evidence was insufficient to sustain the conviction.
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The Court of Appeal allowed a criminal appeal after finding unresolved contradictions in the prosecution evidence created doubt about the conviction.
Material contradictions in prosecution evidence and importation of facts not supported by testimony created reasonable doubt as to the commission of the offence; appellant entitled to benefit of doubt.
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