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The Court of Appeal upheld a rape conviction but quashed the conviction for impregnating a schoolgirl, citing lack of proof after excluding improperly received testimony.
The High Court allowed a rape appeal, quashed the conviction and 30-year sentence, and ordered release after finding the victim’s age was not strictly proved.
There was no permanent written contract of employment between the parties as alleged by the Respondent. The confirmation letter did not constitute a contract, and no documentary evidence of a permanent contract was produced. Oral evidence could not supersede the lack of documentary proof. The Respondent refused to sign the offered contract, and the Applicant followed proper procedures in terminating the employment. The award of compensation for unfair termination was not justified.
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The evidence of the victim (PW4), an adult, was improperly admitted as it was not taken under oath or affirmation as required by section 198(1) of the CPA; this evidence was expunged. Without PW4's evidence, the prosecution failed to prove the age of the victim and other elements of statutory rape beyond reasonable doubt. The failure to remind the charge before hearing was not fatal as the legal requirement had already been complied with at arraignment and preliminary hearing.
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The conviction was based on the testimony of PW1, a 15-year-old, which was taken without oath or affirmation contrary to section 198(1) of the Criminal Procedure Code. Such evidence is inadmissible and must be expunged. The remaining evidence was hearsay and insufficient to prove the charge beyond reasonable doubt. Therefore, the conviction and sentence could not stand.
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The prosecution failed to tender the alleged cannabis sativa as an exhibit in accordance with legal requirements, making it impossible to establish the offence of trafficking in narcotic drugs against the appellant beyond reasonable doubt. The failure to properly tender and identify the narcotic drug was fatal to the prosecution's case.
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The Court of Appeal allowed a rape appeal after finding the complainant’s evidence was unsworn and the appellant was denied cross-examination of key witnesses.
The failure to administer oath or affirmation to witnesses before the CMA is a fatal procedural irregularity that renders the proceedings and resultant decisions a nullity, requiring the matter to be remitted for retrial.
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Court of Appeal allowed a criminal appeal, quashing convictions for statutory rape and impregnating a schoolgirl after finding key proof lacking.
The prosecution proved beyond reasonable doubt that the appellant committed the unnatural offence against the victim, a child under 18, through credible and corroborated evidence, including the victim's testimony and medical evidence. The failure to read out the affidavit regarding age was a procedural error, but oral and other documentary evidence sufficiently established the victim's age. The appeal lacked merit and was dismissed.
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