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The High Court dismissed a criminal appeal against a rape conviction, holding that the child victim’s testimony was credible, corroborated, and supported by medical evidence.
The High Court allowed the appeal, quashed the conviction for grave sexual abuse, and ordered the appellant’s release after finding reasonable doubt.
The High Court acquitted Edward Thomas and Tumaini Charles of attempted murder, finding the prosecution failed to prove identification beyond reasonable doubt.
The prosecution proved beyond reasonable doubt that the accused murdered his parents, based on credible eyewitness testimony, the accused's own caution statement admitting the crime, and corroborating forensic evidence. The defence of alibi was improperly raised and uncorroborated, and did not shake the prosecution case.
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The prosecution failed to prove beyond reasonable doubt that the appellant was the perpetrator of the alleged rape, as the identification evidence was unreliable and the defence of alibi was not properly discredited. The conviction could not stand in the absence of credible identification.
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The appellant was the last person seen with the victim, and circumstantial evidence, corroborated by identification and medical testimony, established guilt beyond reasonable doubt. The defence of alibi was procedurally defective and lacked credibility. Minor contradictions did not affect the material facts.
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The High Court allowed a rape appeal, quashing conviction and sentence after finding identification evidence inconsistent and the prosecution case unproved beyond reasonable doubt.
The Court of Appeal dismissed a murder appeal, upholding findings on identification, credibility, alibi, proof beyond reasonable doubt, and juvenile sentencing.
The offence of rape was proved beyond reasonable doubt by the victim's evidence and corroborating circumstances, including proper identification and proof of age. The offence of impregnating a schoolgirl was not proved as there was no evidence directly linking the appellant to the pregnancy. Delay in naming the appellant was explained and did not cast doubt on the prosecution case. The defence of alibi was considered but found unmerited. Procedural requirements were complied with.
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The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act, did not properly assess the credibility of the victim, failed to call material witnesses, and the prosecution did not prove the case beyond reasonable doubt.
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