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Republic v. Francis Otieno Oyier

(1985) JELR 93888 (CA)

Court of Appeal  •  Criminal Appeal 158 of 1984  •  25 Jun 1985  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(Coram: Hancox, Nyarangi JJA and Chesoni Ag JA)

CRIMINAL APPEAL NO 158 OF 1984

BETWEEN

REPUBLIC...................................................APPELLANT

AND

FRANCIS OTIENO OYIER.........................RESPONDENT

(Appeal from the High Court at Kisumu, Schofield J)

JUDGMENT

The respondent, Francis Otieno Oyier, was charged with and convicted of rape on count 1 and assault causing actual bodily harm on count 2 contrary to sections 140 and 251 respectively of the Penal Code (cap 63) and sentenced to 7 years’ imprisonment plus strokes of corporal punishment and 3 years’ imprisonment on the first and second counts respectively. His first appeal against the conviction and sentence was allowed by the High Court (Schofield J). This second appeal brought by the Republic is based on the following four grounds:

The learned judge erred in law in allowing the appeal after finding corroboration in the appellant’s own evidence and in the bruises sustained by the complainant.…

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