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The Court of Appeal quashed a conviction for carnal knowledge after finding the successor magistrate gave no reasons for taking over the trial, causing material prejudice.
The conviction was quashed because the variance between the charge sheet and prosecution evidence as to the place of commission of the offence was material and went to the root of the case, rendering the charge unproven beyond reasonable doubt.
Source excerpt
The conviction was quashed because the evidence of the child complainant was taken in breach of Section 127(2) of the Evidence Act, and the contradictions in the testimony of PW2 were unresolved, leaving no credible evidence to sustain the conviction.
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