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The High Court allowed a criminal appeal after finding a material mismatch between the charge and the evidence on the date of the alleged offence.
The trial court complied with all legal procedures in recording and admitting the evidence of the child victim, the extra judicial statement was voluntary and properly admitted, the confession before the hamlet leader was corroborated, and the medical evidence, though not conclusive on the object of penetration, was sufficient when considered with other evidence. The grounds of appeal lacked merit and the conviction and sentence were upheld.
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The High Court dismissed a criminal appeal against a life sentence for unnatural offence, upholding the child witness evidence and the trial court’s evaluation.
The trial court complied with section 127(2) of the Evidence Act as the child witness's promise to tell the truth sufficed; visual identification was reliable due to prior acquaintance and sufficient lighting; noncompliance with preliminary hearing procedures was not fatal; the prosecution was not required to call the appellant's father; and the trial court properly considered the defense evidence. The conviction and sentence were justified.
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The trial magistrate complied with legal requirements for recording evidence and assessing the credibility of a child witness. The appellant was afforded the right to cross-examine witnesses. The evidence of the victim, corroborated by other witnesses and medical evidence, proved the offence beyond reasonable doubt. DNA evidence is not mandatory. The trial court's judgment contained reasons and complied with statutory requirements. The sentence imposed was unlawful and is enhanced to life imprisonment as required by law.
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The Court of Appeal dismissed a criminal review application, holding that the complaints raised no reviewable error, denial of hearing, or rule 66(1) ground.
The High Court upheld convictions for unnatural offence, finding the child complainant credible and the medical evidence supportive. The appeal was dismissed.
The prosecution failed to prove beyond reasonable doubt that the appellant committed the offence of rape due to inconsistencies, delay in reporting, lack of material witness testimony, and doubts regarding the reliability of the victim's evidence.
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The prosecution proved beyond reasonable doubt that the appellant committed rape and unnatural offence against a child aged 10 years, based on the credible and corroborated testimony of the victim and supporting medical and documentary evidence. The trial court properly recorded the child's testimony after testing competency. Identification was proper as the accused was known to the victim. The omission to specify whether sentences run concurrently was an irregularity curable by law, and sentences should run concurrently.
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The High Court allowed a rape appeal, quashed the conviction, and set aside the life sentence after finding key child-witness evidence was improperly admitted.
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