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The appellant was denied his right to be heard on his defence before judgment was delivered in absentia, contrary to section 226 of the Criminal Procedure Act; this procedural irregularity vitiates the proceedings from the point of absence and requires a retrial of the defence before a new magistrate.
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The High Court allowed a criminal appeal, quashed a rape conviction and 30-year sentence, and ordered retrial after finding procedural irregularities.
The trial magistrate erred in law by not granting the appellant his right to be heard in defence, thereby violating section 231 of the Criminal Procedure Act and the principle of audi alteram partem.
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