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The High Court held that the defence could obtain a prosecution witness’s previous statement for impeachment under the Evidence Act and ordered disclosure.
Defence counsel cannot read a prosecution witness's prior statement during cross-examination without first seeking and obtaining leave of the court, as required by section 164(1) of the Evidence Act. The procedure in Lilian Jesus Fortes v. Republic does not override this statutory requirement.
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The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt due to material contradictions in the evidence of key witnesses and implausibility in the medical evidence; the improper admission of exhibit D1 was also established.
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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.
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