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The High Court convicted two accused of trafficking 136.55 kg of cannabis sativa, upheld the search and chain of custody, and sentenced each to 25 years.
The prosecution proved beyond reasonable doubt that both accused trafficked 136.55 kg of cannabis sativa, with the chain of custody intact, credible identification, and corroborated oral admissions; defense arguments were unsubstantiated and alibi was an afterthought.
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The Court of Appeal upheld a life sentence for rape, finding the conviction could rest on credible oral confessions to civilian witnesses and that the missing PF3 and Hamlet Chairperson were not fatal.
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 appellant's oral confession to PW1, leading to the discovery of the deceased's body, constituted strong circumstantial evidence sufficient to prove guilt beyond reasonable doubt. The absence of a written confession or eyewitness did not vitiate the conviction. The trial judge did not pre-determine guilt at the prima facie stage, and the appellant's defence was duly considered and rejected on the merits. The prosecution proved its case to the required standard.
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The appellant was properly identified by the victim under sufficient lighting and after prolonged interaction, oral confession to the investigator was admissible and led to recovery of stolen property, and the doctrine of recent possession was correctly applied as the stolen phone was found with the appellant and positively identified by the victim. Prosecution evidence was credible and proved both offences beyond reasonable doubt.
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The appeal was dismissed because the Court found no merit in any of the appellant's grounds. The evidence of the child victim was properly received, preliminary hearing irregularities were not fatal, the defence of impotence was considered and rejected, oral confession to civilians was admissible, the charge was properly read and explained, and the prosecution's case was proved beyond reasonable doubt by credible evidence.
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The prosecution failed to prove beyond reasonable doubt that the respondent possessed the stolen handset, that it belonged to the deceased, or that its theft was contemporaneous with the murder; oral confession was invalid as not made by a free agent; doctrine of recent possession inapplicable; conviction cannot be sustained.
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