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The trial court's failure to inform the appellant of his rights to defence as required by section 231 of the Criminal Procedure Act was a fundamental procedural irregularity that occasioned injustice, thereby vitiating the proceedings and necessitating their nullification.
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The conviction was quashed because the charge sheet was incurably defective, there were fundamental contradictions in the prosecution evidence regarding the time of the offence, the trial was marred by procedural irregularities including change of magistrates without reasons and failure to conduct voir dire for a child witness, and a retrial was not appropriate given the nature of the defects and insufficiency of evidence.
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The Court of Appeal quashed a rape conviction after finding the charge sheet defective for citing the wrong provision and unfairly failing to disclose the offence.
Court of Appeal allowed a second appeal against a rape conviction, quashed the conviction, and set aside the 30-year sentence after finding the remaining evidence insufficient.
Evidence of PW2 was wrongly received without proper voir dire, thus expunged; no evidence connected appellant to offence; conviction and sentence quashed.
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The conviction was quashed because the evidence of the child witness was improperly admitted without proper voir dire examination as required by section 127(2) of the Evidence Act, and with that evidence expunged, there was no cogent evidence to sustain the conviction for rape.
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Failure to conduct voir dire examination for a child witness vitiates her evidence; with no other sufficient evidence, conviction cannot stand. Summary rejection of appeal was unlawful as evidence raised reasonable doubt.
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The Court of Appeal quashed a rape conviction after finding the child complainant’s evidence was admitted without a voir dire examination and could not sustain the case.
The prosecution evidence was contradictory, exaggerated, hearsay, and lacked proper legal foundation, including improper voire dire examination for child witnesses; therefore, the conviction was unsafe and not proved beyond reasonable doubt.
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The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act in admitting the evidence of child witnesses, and there was insufficient evidence to sustain the conviction for rape.
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