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The High Court dismissed a criminal appeal against convictions for armed robbery, gang rape, and unnatural offence, upholding the trial court’s findings on identification, exhibits, and confession.
The prosecution proved all elements of gang rape beyond reasonable doubt: the victim was under 18, penetration occurred, and the appellant was identified as a perpetrator. There was no material variance between the charge and the evidence regarding the place of the offence. The victim named the appellant at the earliest opportunity, and the failure to call additional witnesses did not affect the sufficiency of the prosecution case. The appellant's defence did not raise reasonable doubt.
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The prosecution failed to prove the case against the appellants beyond reasonable doubt, primarily due to unreliable identification evidence, lack of proper description and admission of exhibits, absence of material witnesses, and contradictions in prosecution testimony. The trial court erred in convicting the appellants without resolving these doubts.
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The application was dismissed because the applicant failed to show good cause for the inordinate delay of almost fourteen years, did not account for the delay, and failed to indicate the proposed grounds for review as required by law. Ignorance of the law and lack of notification of review rights are not valid grounds for extension of time.
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The High Court upheld convictions for gang rape, but set aside the 2nd appellant’s life sentence because he was 18 years old when the offence was committed.
The charge was materially at variance with the evidence regarding both the nature of the offence (rape vs. gang rape) and the place of commission, and no amendment was made; this prejudiced the appellant and rendered the charge unproved beyond reasonable doubt.
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The High Court allowed the prosecution appeal, set aside acquittals for gang rape, held the trial court misused witness statements, and entered convictions.
The conviction was quashed because there was a material variance between the charge sheet and the evidence, specifically that the evidence established gang rape involving another perpetrator not charged, and the identification evidence was insufficient to meet the legal standard.
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High Court criminal appeal dismissed a challenge to a rape conviction, holding the charge was properly amended, the evidence proved rape, and the alibi carried no weight.
The prosecution failed to prove the case beyond reasonable doubt due to unreliable identification, failure to call material witnesses, and procedural irregularities in admitting and reading evidence, thus the conviction and sentence cannot stand.
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