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 conviction was quashed because the prosecution evidence was riddled with contradictions and inconsistencies, especially regarding the independent witness, making the evidence unreliable and failing to prove the case beyond reasonable doubt.
The court found that while the prosecution established the elements of rape and impregnating a school girl, the defence raised credible doubts regarding the identity of the perpetrator due to family disputes and possible fabrication. In light of these doubts, the court ordered a DNA test to determine paternity before making a final determination.
The conviction was quashed because it was based on inadmissible hearsay and uncorroborated accomplice evidence, with no direct evidence linking the appellant to the crime, and the prosecution failed to prove the case beyond reasonable doubt.
The High Court dismissed a criminal appeal against a life sentence for unnatural offence, finding the prosecution proved the case beyond reasonable doubt.
The High Court upheld a conviction for rape and unnatural offence, finding the child victim credible, corroborated by medical evidence, and the delay in reporting explained.
The prosecution failed to prove the charge of rape beyond reasonable doubt due to material contradictions between the charge sheet and witness testimony, lack of corroboration, and unreliable evidence; therefore, conviction and sentence cannot stand.
The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant committed the offence of unnatural offence against a child under eighteen. The conviction was supported by medical evidence, corroborating witness testimony, and a voluntary confession. The victim's inability to testify was properly judicially noticed, and the defence of alibi was not properly raised. The appellant's claims of fabrication and torture were unsubstantiated.
The High Court allowed an appeal against a conviction for grave sexual abuse, finding the prosecution failed to prove the case beyond reasonable doubt.
The Court of Appeal quashed both convictions for gang robbery, holding the second appellant was not properly identified and the offence could not stand against one accused alone.