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Charging and convicting the appellant for both stealing and possession of the same suspected stolen property, without charging in the alternative, amounted to duplicity and was improper. Both convictions and sentences are quashed and set aside. Retrial is ordered.
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The prosecution failed to prove the case against the appellants beyond reasonable doubt due to material discrepancies in evidence, lack of corroboration for repudiated confessions, improper admission of cautioned statements, and improper charging of grievous harm alongside armed robbery. Convictions and sentences are set aside and appellants are to be released unless lawfully held for other reasons.
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The High Court allowed a criminal appeal, quashed theft convictions, and found the prosecution had not proved the case beyond reasonable doubt.
The prosecution failed to prove the charges against the appellant beyond reasonable doubt due to material contradictions between the charge and the evidence, particularly regarding the amount of loss, and procedural irregularities in the prosecution's case. The charge was not amended to align with the evidence, rendering the conviction unsustainable.
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The charge sheet was incurably defective for failing to specify the victim of threat, there was material variance between the charge particulars and evidence, and charging both counts amounted to duplicity; thus, the convictions could not stand.
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The High Court allowed a criminal appeal, quashing a burglary conviction and 20-year sentence after finding variance between the charge and the evidence.
The charge was fatally defective for duplicity and ambiguity, prejudicing the appellant's right to a fair trial. The evidence was unclear and insufficient, particularly regarding identification and the elements of gang rape. The conviction and sentence could not stand.
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The charge sheet was defective for duplicity, violating statutory requirements and fair trial principles, rendering the trial proceedings a nullity.
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The High Court allowed a criminal appeal over forest-reserve charges, finding duplicity in the charge sheet and an unresolved land-ownership dispute.
The conviction and sentence were quashed because the charge was duplicitous, which is incurable and illegal under the cited authorities.
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