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The High Court allowed a criminal appeal after finding the prosecution had not proved rape beyond reasonable doubt, noting missing medical evidence and other material proof.
The High Court allowed a criminal appeal, holding that the prosecution did not prove rape and impregnating a schoolgirl beyond reasonable doubt.
The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a school girl, as the age of the victim was established by credible oral evidence, penetration was corroborated by the victim, her father, and a medical practitioner, and the sentence imposed was in accordance with statutory requirements.
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High Court criminal appeal partly allowed: rape conviction upheld, but the conviction for impregnating a schoolgirl was quashed for lack of DNA proof.
The prosecution failed to prove the case beyond reasonable doubt as the victim did not name the appellant at the earliest opportunity, and there was no direct evidence linking the appellant to the offence; the cautioned statement was improperly admitted and expunged; medical evidence did not directly implicate the appellant.
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The trial court erred by convicting and sentencing the appellant based on an equivocal plea and facts that did not disclose the essential elements of the offence. The proceedings, conviction, and sentence are quashed and set aside. The case is remitted for a fresh plea and hearing.
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