Principle Archive

It is palpably wrong for one judge to write a judgment on evidence recorded by another judge; a trial must be conducted by the judge himself,…

Whether the victim is a minor or an adult, there must be proof of penetration, and that penetration of the vagina must be linked to the…

The removal of the victim's pant without more does not suffice to prove attempted rape; such acts indicate a desire and preparation for sexual connection but…

An accused cannot be convicted of an attempt to commit an offence where the prosecution has failed to prove that the intended act would have constituted…

The offender must have crossed the Rubicon and burnt his boats, meaning he must have done all he needed to do to complete the act before…

The prosecution must prove that the steps taken by the accused reached the point where they indicate beyond reasonable doubt what the end was to which…

To constitute an attempt, the act must be immediately connected with the commission of the particular offence charged and must be something more than mere preparation.

A person commits an attempt if he intends to commit an offence, puts his intention into execution by means adopted to its fulfilment, manifests his intention…

Proof beyond reasonable doubt means proof to a high degree of probability, not absolute certainty, and not proof beyond the shadow of a doubt; fanciful possibilities…

Not every discrepancy or contradiction in the prosecution's case entitles an accused to acquittal; only contradictions on material points that create reasonable doubt in the prosecution's…

Suspicion, however strong, does not amount to proof; to establish a charge of murder or manslaughter, it must be proved not merely that the accused's act…

Where an accused is wrongly convicted of a more serious offence but the evidence discloses a lesser offence, the appellate court may convict for the lesser…