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The trial court's judgment was invalid for failing to specify the offence and section of conviction and for omitting findings on the second count, contrary to section 312(2) of the Criminal Procedure Act. This defect rendered the judgment a nullity, requiring the case to be remitted for a proper judgment.
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The High Court quashed a 30-year sentence after finding the child witness evidence was improperly received and the remaining evidence did not prove the charge.
There was no procedural irregularity that resulted in a miscarriage of justice; the trial court complied with the relevant provisions or any lapses did not prejudice the appellant. The evidence of the child witness, corroborated by the victim's mother, was credible and sufficient to prove the offence beyond reasonable doubt. The appellant's defence was considered and properly rejected.
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The appeal was dismissed because the trial court had jurisdiction, the preliminary hearing and admission of evidence were properly conducted, the victim's age and credibility were established, discrepancies in evidence were minor, the expert witness was competent, and the prosecution proved the case beyond reasonable doubt. However, the sentence of life imprisonment on the first count was set aside and substituted with thirty years imprisonment as the victim was ten years old at the time of the offence.
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The conviction was set aside because the trial court misapprehended the evidence regarding visual identification, failed to establish the conditions necessary for reliable identification, and did not comply with legal requirements for receiving evidence from a child witness. The prosecution did not prove the charge beyond reasonable doubt.
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The trial court's failure to inform the appellant of his right to recall witnesses after amendment of the charge was a fatal irregularity that vitiated the proceedings. Additionally, the evidence of the child victim was improperly admitted as the promise to tell the truth was not recorded in the witness's own words. With the exclusion of this evidence, the remaining prosecution evidence was insufficient to prove the appellant's guilt beyond reasonable doubt.
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The Court of Appeal dismissed a second criminal appeal, upheld conviction for unnatural offence and rape of a child, and substituted life imprisonment.
The High Court dismissed a criminal appeal against a rape conviction, holding the charge sheet was proper and the child witness evidence was substantially compliant.
The prosecution failed to prove the charge as laid in the charge sheet due to variance and uncertainty regarding the date of commission of the offence, and did not amend the charge to reflect evidence of multiple incidents; this failure created reasonable doubt and entitled the appellant to acquittal.
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The prosecution failed to prove the case beyond reasonable doubt due to a missing evidentiary link regarding the victim's disclosure and the failure to call material witnesses, warranting an adverse inference against the prosecution and requiring acquittal of the appellant.
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