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The High Court allowed a criminal appeal after finding a material variance between the charge sheet and the evidence on the weapon used in the robbery.
The High Court dismissed a criminal appeal against conviction for armed robbery, upholding visual identification, the caution statement, and the trial court’s treatment of the defence.
The High Court allowed a criminal appeal against an armed robbery conviction, quashed the sentence, and ordered the appellant’s release after finding the case unproven.
Prosecution failed to prove all essential ingredients of armed robbery beyond reasonable doubt, particularly regarding nature of violence and identification of accused; contradictions in identification parade evidence and flawed confession statement rendered conviction unsafe.
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The conviction and sentence were quashed because the only evidence implicating the appellants was weak visual identification, lacking sufficient detail and corroboration, and the prosecution failed to prove the case beyond reasonable doubt.
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The High Court partly allowed a criminal appeal, quashing proceedings involving PW1’s evidence after finding an oath and interpreter irregularity that affected fairness.
The charge sheet was incurably defective for failing to specify the person to whom violence or threat was directed, an essential ingredient of armed robbery; this defect is fatal and cannot be cured by evidence, rendering the conviction and sentence unsustainable.
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The High Court allowed an appeal against armed robbery, finding the evidence proved theft but not the use or threat of violence with a weapon.
The High Court dismissed a criminal appeal against an armed robbery conviction, upholding the 30-year sentence and rejecting complaints about identification, exhibits, delay, and sentencing.
Despite the expunging of exhibits due to lack of independent witness testimony, the remaining evidence, including unchallenged confession statements and consistent victim testimony, proved the offences of armed robbery and rape beyond reasonable doubt. The charge sheet discrepancies did not prejudice the appellant, and his defence was considered and found unconvincing.
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