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The High Court allowed a criminal appeal, quashing a conviction entered on an uncharged offence after finding the charge sheet defective and unsupported by evidence.
The High Court allowed a criminal appeal after finding the appellant was convicted on a charge not pleaded, with the trial court wrongly substituting the offence at judgment.
The trial court lacked legal authority to substitute the charge of 'theft' with 'negligence' and convict the appellant accordingly, as there are no specific provisions empowering such a conviction without compliance with statutory requirements.
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The High Court allowed a criminal appeal, quashing conviction and sentence after finding the prosecution failed to prove the charge beyond reasonable doubt.
The respondent could not be convicted under section 270 of the Penal Code as she was not charged with that offence. The offences, though committed on different dates, formed part of the same transaction. However, due to the exceptional circumstances of the case—namely, the theft of a colossal amount of foreign currency from a public bank—the trial magistrate erred in ordering the sentences to run concurrently. The appellate court ordered the sentences for the four counts of theft to run consecutively, but concurrently with the sentence for conspiracy, resulting in a total of 20 years imprison…
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