Facts
The appellant was charged with and convicted ofrape contrary to sections 130 and131 of the Penal Code Chapter 16, and was sentenced to five years imprisonment.During the trial the rape victim denied to have been raped by the appellant although admitting to have been raped, she said she could not identify the man who had raped her due to darkness. At the Police Station the victim had made a statement which implicated the appellant to be the rapist. On this, the prosecution asked for leave, and was allowed, to treat the victim as a hostile witness and then proceeded to tender her police statement in court as evidence. The trial court admitted the statement and convicted the appellant on the basis of that statement.
Held: The learned Magistrate was wrong in convicting the appellant on a retracted statement because a retracted statement of a hostile witness is of no evidential value.
Appeal allowed, conviction quashed
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