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High Court appeal over a witchcraft charge and threatening with violence. The first conviction failed for a defective charge and lack of proof; the second stood, but the sentence was illegal.
The prosecution failed to prove its case beyond reasonable doubt due to contradictory evidence, and the trial magistrate's failure to conduct a mandatory preliminary hearing rendered the proceedings a nullity.
Source excerpt
The prosecution failed to prove the case beyond reasonable doubt due to contradictory evidence, and the trial magistrate's failure to conduct a preliminary hearing as mandated by law rendered the proceedings null and void.
Source excerpt
The High Court dismissed the prosecution’s appeal and upheld the respondent’s acquittal for threatening with violence, finding reasonable doubt arising from alleged business grudges.
The High Court allowed a criminal appeal, quashing convictions for rape and threatening with violence due to defective charges, procedural irregularities, and unreliable evidence.
The High Court held that a 9-month sentence for threatening with violence was excessive for a first offender and reduced it to 6 months.
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