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A conviction for trafficking narcotic drugs cannot be sustained solely on an unequivocal plea of guilty without expert evidence establishing the nature of the substance as narcotic; the prosecution's failure to adduce such evidence renders the conviction unsafe.
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The court held that the discrepancies in the description of the DVD were due to scientific terminology and did not amount to a breach of section 246(2) of the Criminal Procedure Act or principles of natural justice. The court exercised its discretion under section 145(2) of the Evidence Act to admit the DVD as relevant evidence, with its value to be assessed at judgment.
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The High Court allowed a criminal appeal over unlawful possession of a government trophy, quashed the conviction, and set aside the sentence for evidential gaps.
The High Court convicted multiple accused persons of conspiracy to murder and murder of Wayne Derek Lotter, relying on confessions, identification evidence, and ballistic proof.
The prosecution failed to prove the offence of rape beyond reasonable doubt due to contradictions in the evidence, lack of scientific (DNA) proof linking the appellant to the pregnancy, and fatal procedural irregularities in failing to inform the appellant of his right to have his evidence read over. The conviction was unsafe and could not stand.
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The Defendant bank was negligent in allowing unauthorized withdrawals from the Plaintiff's accounts by failing to verify signatures and confirm instructions with the authorized signatory. The Plaintiff did not authorize the disputed withdrawals, and credible forensic evidence established that the signatures used were not those of the Plaintiff's authorized signatory. The Defendant's conduct amounted to negligence, fraud, and conversion, breaching the banker-customer contractual relationship. No contributory negligence was established on the part of the Plaintiff. The Plaintiff is entitled to…
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The High Court refused leave to amend pleadings and depart from a scheduling order, finding the proposed forensic-report amendment would prejudice the respondent and delay trial.
The High Court refused leave to amend a commercial plaint and depart from the scheduling order, finding the change would introduce a new case and cause delay.
The application to amend the plaint is refused because the intended amendment would introduce new facts and a new cause of action inconsistent with the original pleadings, is not made in good faith, and would prejudice the respondent by restarting proceedings and causing delay.
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The accused's detailed cautioned and extra-judicial confessions, corroborated by postmortem findings and witness testimony regarding the victim's injuries and undressing, established beyond reasonable doubt that the accused raped and killed MM. Malice aforethought was established under section 200(c) of the Penal Code as the killing occurred in the course of committing rape, a felony involving violence. Forensic DNA evidence was disregarded due to non-compliance with statutory requirements, but the confessions and corroborative physical evidence sufficed for conviction.
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