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The conviction was quashed because the evidence of the victim was interpreted by a prosecution witness, which is a procedural irregularity that rendered the evidence inadmissible. With the victim's evidence expunged, the remaining evidence was insufficient to prove the offence beyond reasonable doubt.
Source excerpt
The conviction was unsafe because the evidence of the key witness (PW1), a deaf and dumb person, was improperly received in violation of section 128 of the Evidence Act, as the interpreter's competence was not established, the interpreter was not properly sworn, and the signs were not recorded. Additionally, the discrepancy in the names of the complainant in the charge sheet and the PF3 Form created reasonable doubt as to the identity of the victim, and the prosecution failed to prove its case beyond reasonable doubt.
Source excerpt
The conviction was unsafe because the evidence of the key witness (PW1) was improperly received in violation of section 128 of the Evidence Act, and the discrepancy in the identity of the complainant in the charge sheet and PF3 Form created reasonable doubt as to whether the prosecution had proved its case beyond reasonable doubt.
Source excerpt
The High Court allowed a criminal appeal after finding the evidence on a TShs. 500 payment was ambiguous and unsafe to support a theft conviction.
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