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Second appeal in a criminal case involving rape and impregnating a schoolgirl. The Court upheld the convictions, but disregarded an improperly admitted cautioned statement.
Appellant's age was not properly determined; trial court failed to conduct inquiry as required by law. Evidence of PW5 and PW6 expunged for lack of oath. Remaining evidence sufficient to sustain conviction, but sentencing contravened child law. Appellant was a first offender under 18; custodial sentence unlawful. Conviction stands, sentence set aside, appellant ordered released.
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The court found that while the prosecution established the elements of rape and impregnating a school girl, the defence raised credible doubts regarding the identity of the perpetrator due to family disputes and possible fabrication. In light of these doubts, the court ordered a DNA test to determine paternity before making a final determination.
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The trial court's failure to properly administer and record oaths or affirmations for all witnesses constituted a grave procedural irregularity, rendering all testimonies inadmissible and the entire proceedings incurably defective.
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The appellant was not afforded the right to be heard after conviction in absentia, violating section 226(2) of the Criminal Procedure Act and Article 13(6)(a) of the Constitution, thereby vitiating the proceedings and conviction.
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The High Court allowed a criminal appeal, quashed convictions for rape and impregnating a schoolgirl, and set aside 30-year sentences due to evidential and procedural defects.
The Court of Appeal quashed a rape and schoolgirl-impregnation conviction after finding the victim testified unsworn, contrary to section 198(1) of the CPA.
The Court of Appeal dismissed a criminal appeal against a rape conviction, holding that the prosecution proved the victim was underage and that the evidence supported the conviction.
The prosecution failed to prove the charges beyond reasonable doubt due to lack of credible and reliable evidence from the victim, absence of timely identification of the accused, inconsistencies regarding the victim's age, and failure to provide scientific proof of paternity when the accused denied involvement.
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The High Court nullified trial proceedings conducted in absentia and ordered a retrial after finding the appellant was not brought before a magistrate after arrest.
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