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The charge sheet was not defective, identification parade was unnecessary due to prior familiarity, the trial court properly evaluated the evidence, but the sentence of life imprisonment was unlawful as the law prescribes a minimum of thirty years for gang robbery.
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The appellant was properly identified by a credible witness who knew him before, spent ample time with him on the day of the offence, and caused his arrest. The prosecution's failure to tender the stolen motorcycle as exhibit did not vitiate the case as evidence showed it was disassembled and sold. The evidence was direct, not hearsay. The prosecution proved the offence of gang robbery beyond reasonable doubt.
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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.
The conviction for gang robbery cannot stand against the 1st appellant alone as the prosecution failed to prove involvement of two or more persons as required by section 285(2) of the Penal Code. The 2nd appellant's conviction was improper due to lack of corroborated identification evidence.
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The prosecution failed to prove the case beyond reasonable doubt due to unreliable identification, failure to call material witnesses, and procedural irregularities in admitting and reading evidence, thus the conviction and sentence cannot stand.
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The prosecution failed to prove the offence of gang robbery or any offence beyond reasonable doubt due to contradictions between the charge and evidence, unreliable visual identification, and procedural irregularities. The conviction and sentence cannot stand.
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The prosecution failed to prove beyond reasonable doubt that the victim was forcefully compelled or abducted by the respondents with intent to secretly and wrongfully confine him. The evidence showed the victim's voluntary participation, lack of resistance, and absence of force or secrecy, thus not meeting the legal threshold for abduction under sections 246 and 249 of the Penal Code.
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The denial of the right to cross-examine the second prosecution witness was a fatal irregularity, but only the evidence of that witness should be expunged, not the entire trial. After expunging that evidence, the remaining prosecution evidence did not prove the offence of armed robbery or gang robbery beyond reasonable doubt. The High Court was correct to acquit the respondents, though for different reasons. Consent of the DPP was not required for the offence charged.
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Material contradictions between the victim's and police officer's evidence regarding identification and the circumstances of the crime created reasonable doubt as to the appellants' guilt. The prosecution failed to eliminate the possibility of mistaken identity, and the benefit of the doubt must go to the appellants.
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