and, secondly, it dismissed their appeal and reinstated the sentence of life
imprisonment meted out by the trial court.
A. Allegation that the burden of proof was shifted and the conviction was
based on improper evidence
59. The Applicants allege that the Court of Appeal erred by requiring them to
raise reasonable doubt to the prosecution evidence by proving that they
were not at the crime scene, while the burden of proof as per law lies on the
prosecution and not the defence.
60. The Applicants also submit that the Court of Appeal based their conviction
on improper visual identification thus leaving doubts, which, if they had been
resolved, could have inured to their benefit. According to the Applicants, the
Court of Appeal should not have considered the identification made through
the headlights of the passing motor vehicle without any evidence of its
speed. The Applicants also aver that the Court of Appeal did not consider
the contradictory witnesses’ statements regarding the source of light, i.e.,
whether it was the headlights of the passing motor vehicle or moonlight.
*
61. The Respondent State refutes these allegations and contends that the
prosecution proved the case against the Applicants beyond reasonable
doubt.
62. The Respondent State submits that the Court of Appeal acknowledged the
issue of contradiction raised by the Applicants and thus disregarded all
evidence related to that issue.
63. The Respondent State further avers that allegations regarding improper
identification lack merit because the Court of Appeal thoroughly assessed
the evidence tendered in court regarding the identification of the Applicants
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