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The High Court allowed a criminal appeal after finding fatal procedural defects in the trial, including failure to properly swear or affirm the interpreter and accused.
The High Court allowed a criminal appeal after finding a material mismatch between the charge and the evidence on the date of the alleged offence.
Non-compliance with section 230 and inadequate compliance with section 231(1) of the Criminal Procedure Act rendered the trial unfair and vitiated the proceedings, requiring nullification from closure of prosecution case onwards, quashing conviction and sentence, and remitting for retrial.
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The prosecution proved beyond reasonable doubt all elements of unnatural offence under section 154(1)(a) of the Penal Code, including the victim's age, penetration, and identity of the appellant. Non-compliance with section 127(2) of the Evidence Act did not render the child witness's evidence inadmissible due to statutory amendment. Extrajudicial and cautioned statements were expunged for procedural flaws, but remaining evidence was sufficient. The defence did not raise reasonable doubt.
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Variance between the charge sheet and evidence regarding the place of offence is material; failure to amend the charge sheet to align with evidence renders the charge unproved and entitles the accused to acquittal.
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The High Court dismissed a criminal appeal, upholding a rape conviction and sentence. It found exhibit-admission irregularities but held the victim’s evidence and corroboration proved the case.
High Court dismissed a criminal appeal against a life sentence for unnatural offence, upholding the charge sheet, the victim’s evidence, and the conviction.
The prosecution proved the offence of unnatural offence beyond reasonable doubt through coherent and credible evidence from the victim and supporting witnesses, corroborated by medical examination. The appellant failed to prove impotence, and alleged contradictions in evidence were immaterial. Medical evidence established penetration but not identity; however, the appellant was caught at the scene, confirming identity.
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Victim's evidence was credible and corroborated; appellant failed to prove medical incapacity; prosecution proved guilt beyond reasonable doubt; no procedural violation affecting justice.
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The applicant promptly initiated the appeal process but was prevented from having his appeal heard due to a registration error not of his own making. Given the seriousness of the offence and sentence, and in the interest of justice, sufficient grounds exist to grant the extension of time.
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