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The conviction was quashed because the evidence of visual identification was not watertight; prosecution witnesses failed to provide sufficient details regarding the intensity of light and circumstances of identification, creating a real possibility of mistaken identity. The prosecution failed to prove the case beyond reasonable doubt.
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The court found that the appellants were properly identified by recognition under sufficient lighting and familiarity, and that the prosecution proved the offences of armed robbery and grievous harm beyond reasonable doubt. The absence of the torch as an exhibit and the lack of recovery of stolen property did not undermine the prosecution's case.
Source excerpt
The conviction was unsafe because the evidence of visual identification and recognition did not eliminate all possibilities of mistaken identity; insufficient details about lighting and failure to disclose appellant's identity at earliest opportunity created reasonable doubt.
Source excerpt
The High Court allowed a robbery-with-violence appeal, finding the identification evidence unsafe because the robbery occurred in poor conditions and recognition was not carefully tested.
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