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The High Court allowed the appeal, quashed the conviction for grave sexual abuse, and ordered the appellant’s release after finding reasonable doubt.
The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt, and the trial court erred by convicting for grave sexual abuse without establishing its essential elements. The defence evidence was not properly considered, and the burden of proof was wrongly shifted to the accused. The conviction and sentence are nullified.
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The trial court failed to comply with the mandatory requirements of Section 231(4) of the Criminal Procedure Act by not assisting the appellant, who was in remand custody, to procure his defence witnesses. This omission violated the appellant's right to a fair trial and nullified the proceedings from the point of the omission.
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The prosecution failed to prove the case beyond reasonable doubt due to the absence of a key witness (ten-cell leader), unexplained delay in reporting the incident, and contradictions in the prosecution evidence, rendering the conviction unsafe.
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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 High Court allowed a criminal appeal against a conviction for grave sexual abuse, finding the prosecution evidence insufficient and quashing the sentence.
Evidence of PW2 was properly admitted as she promised to tell the truth, satisfying section 127(2) of the Evidence Act; oral confession and corroborative evidence from PW1 and PW3 were credible; prosecution proved the charge beyond reasonable doubt; defence evidence was considered and found wanting; failure to call additional witnesses did not affect the case as quality of evidence sufficed.
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The High Court struck out a criminal appeal as incompetent because the appellant had been convicted in absentia and should first have applied to set aside the ex parte judgment.
The High Court allowed a criminal appeal, setting aside a conviction for grave sexual abuse after finding the prosecution evidence insufficient and doubtful.
Prosecution failed to prove grave sexual abuse beyond reasonable doubt due to lack of evidence on insertion of fingers, inadmissibility of medical report by midwife, and failure to call key witnesses.
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