CHEDA J: The above
case was forwarded to me for review.
It has come to my attention that there are two issues to be dealt with.
The review cover recorded that the accused was charged with (several
counts) of rape and was however sentenced to 12 years imprisonment on each count
totalling 36 years imprisonment of which 5 years was suspended for 5 years on
the usual conditions. The judgment indicates
that accused was convicted of 3 counts of rape which counts of rape accused did
not plead to. According to the record
accused was charged with one count this is what he pleaded not guilty to and is
recorded at the back of the charge sheet.
In addition to this, there is no verdict recorded on the back of the
charge sheet. This record is not a true
reflection of what took place during a trial as there are numerous errors. A court record must be unambiguous and therefore
be able to speak for itself without more.
These are very serious contradictions on this record so much so that it
is extremely difficult to say precisely what took place. Since
there is doubt regarding to the charges, it is only safe to confirm one conviction
of rape only.
The conviction is therefore
confirmed but the sentence is set aside and substituted by the following.
15 years
imprisonment of which 3 years imprisonment is suspended for 5 years on
condition accused does not within that period commit any offence of which sex is
an element for which upon conviction accused is sentenced to imprisonment
without the option of a fine.
Effective-12 years imprisonment.
Cheda
J..............................................................................
Kamocha J agrees.........................................................
