UCP4622

CRIMINAL PROCEDURE II

Tutorial 5 (Week 6) (Summary Trials)

Q1. Pity, aged 50 years, was charged with an offence of rape, punishable
under section 376 of the Penal Code. When the charge was read, Pity
claimed trial. At the hearing, the Prosecutor called only three (3)
witnesses. There was a submission of no case to answer by the counsel
for the Accused, however, the Sessions Court judge ruled that there was a
case to answer and called for the defence. During the defence case, the
Prosecutor applied to call one ASP Man who was the investigating officer
in this case to give evidence and to recall Dr. Betty, the medical officer.
The court dismissed the application to call the investigating officer but
granted the application to recall Dr. Betty. At the end of trial, Pity was
found guilty and convicted of the offence of outrage of modesty under
section 354 of the Penal Code.

Discuss the issues relating to criminal procedure that has arisen, with
reference made to the issues below:-

a) Evaluate the right of the Prosecutor to call and/or recall witnesses at the
defence stage; and

b) Analyse the court’s power or discretion to find Pity guilty of an offence

other than that originally charged. Please make reference to relevant
provisions of the Criminal Procedure Code and decided case laws.

(Note: Do not answer the question or issue on prima facie)

Q2.

Jimmy claimed trial when he was charged for the offence of theft (s.379A of the
CPC) which was read together with an alternative charge for possession of
stolen
goods (s.411 of the CPC) in the Magistrate Court for being in possession of two
(2) stolen motorcycles.
a) At trial, when the Prosecution failed to identify through prosecution
witnesses, the identity of the stolen motorcycles, the Magistrate had then
acquitted Jimmy without calling for his defence.

Analyse the above and determine whether the Magistrate was correct in
his decision.

In the alternative, where the identities of the stolen motorcycles were proven,
the Prosecution had failed to produce the two (2) witnesses who were the
registered owners of the stolen motorcycles. They were not produced to give
evidence as their whereabouts could not be traced.

b) The Magistrate had acquitted Jimmy for the failure of the Prosecution to
produce the witnesses.
Analyse the situation and determine whether the Magistrate was correct in his
approach.

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