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The contradictions between the charge sheet and evidence regarding chassis and engine numbers were minor and did not go to the root of the matter; the offence was proved beyond reasonable doubt and the appellant was able to defend himself; no injustice was caused by the variance.
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The variance between the name in the charge sheet and the name used by prosecution witnesses was not clarified or corrected at trial, creating a material defect that goes to the root of the case. The identification evidence was not watertight and did not eliminate the possibility of mistaken identity, especially given the circumstances and the victim's failure to name the accused at the earliest opportunity. The conviction was therefore unsafe and could not be sustained.
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