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The High Court nullified criminal proceedings for lack of required consent to prosecute a witchcraft-related offence, quashed convictions, and ordered release.
The charge was fatally defective for failing to disclose the intention required by law, and the trial court's judgment was based on a non-existent or improperly filed charge, invalidating the conviction and sentence.
Source excerpt
The High Court quashed a witchcraft conviction after finding the charge sheet defective, prejudicial, and based on wrong legal citations. No retrial was ordered.
The conviction was unsafe as the plea of guilty was not unequivocal and the facts did not support the offence charged. Additionally, the required consent from the Attorney General was not obtained, rendering the trial invalid.
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