CRIMINAL Pr Code Section 200

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This is an application made in revision. The background of the application briefly is that the accused petitioner was indicted in the High Court under sections 357 and 365 (b) (2) (b) of the Penal Code. The trial proceeded without a jury. At the close of the case for the prosecution, the accused-petitioner moved under Section 200( 1) of the Code of Criminal Procedure Act, for his acquittal.

This application of the accused-petitioner was refused by the learned High Court Judge who then proceeded to call for the defence, as he is empowered in Law. It is this decision that is impugned in these proceedings.

The grounds for impugning the decision, as they transpire in the application, inter alia are as follows ...

1. The failure to assign reasons for the refusal of the application made under Section 200(1) of the Code of Criminal Procedure Act.

2. The failure to appreciate the evidence of the alleged victim that no act of sexual gratification was committed on her by the accused-petitioner.

3. The failure to consider that the mother of the victim of the alleged sexual abuse was not called to testify on the charge of abduction.

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