Facts
The appellant assaulted his mother whom he believed to be a witch. In convicting the appellant the trial judge relied on two pieces of evidence. The first was a statement the appellant made to his village chairperson that he had assaulted his mother. The second was a cautioned statement alleged to have been made by the appellant before a police officer who at the time of the trial was reported dead. The trial judge treated both pieces of evidence as confession.
Held: (i) The mere admission by the appellant that he had assaulted his mother could not really be taken to amount to a confession to the offence of murder with all its essential ingredients, especially as at the time the appellant was making the admission the victim was still alive and receiving treatment at the hospital.
(ii) section 34 of the Evidence Act was inapplicable to the facts and circumstances of this case, and consequently the learned trial judge wrongly admitted the alleged cautioned statement of the appellant in evidence.
Case Information
Appeal allowed as limited.
admission
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