Facts
The appellant was charged with and convicted of murder, and sentenced to death. His conviction was based on the dying declaration of the deceased who consistently mentioned him as her assaillant. The Trial Judge was satisfied that the dying declaration was sufficiently corroborated by the evidence of PW1. During the trial the appellant had raised the defence of alibi which the learned Trial Judge rejected. On appeal the decision of the Trial Judge was challenged on two grounds: firstly that the dying declaration was uncorroborated and secondly that the appellant's defence of alibi was wrongly rejected.
Held: (i) The dying declaration of the deceased and the evidence of PW1 involve weakness and unsatisfactory features which sufficiently render such declaration unreliable and make PW1's evidence incapable of supplying the necessary corroboration to it.
(ii) In the light of the weakness of the prosecution case the appellant's alibi supported by his own witness and that of the prosecution was wrongly rejected.
Case Information
Appeal allowed.
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