176.
In the
instant case,
the Court
notes
that the
records
of
proceedings show that the complainant, prosecution witness No.1
who claims to have recognised the Applicant, repeatedly says
the domestic judicial
and the only witness
that she
identified the
Applicant because " he sat next to her in the back seat of the car ; that she knew the
address of the Applicant before the incident occurred, but that some people had directed
her to his home; that she identified the Applicant's face and voice and that she went to
his home on 5 April 1997, the very day of the incident pretending that she was going to
buy milk; that the police arrested him the next day; that after the incident, she had travelled
for five days and returned on 9 April 1997, and
that
Applicant arrested
:
she was in no hurry to get
the
177. The records also show that the date on the last page of the written statement of the
complainant is 11 April 1997, whereas the first page indicates other dates which are not
clear.
178. The same
records further show that the husband of the complainant,
prosecution
witness No.2, indicated that the incident was reported to the police on the same evening
of the crime; that the complainant did not know where the Applicant lived before the
incident; that she told him that the Applicant had entered the car later with a gun anda
spear, and not at the onset of the incident.
179. The records show, lastly, that three prosecution witnesses, including the husband
of the complainant,
said that they were
not able to recognise the perpetrators
of the
robbery because it was dark; and that the robbery occurred on 5 April 1997 at 9.45 pm.
180. A perusal of the entire record and, in particular, the statement of the complainant
and that of prosecution witness No.1 reveals uncertainties in atleast the following points:
the moment at which the Applicant purportedly intervened in the course of the incident;
the fact that the complainant knew the domicile of the Applicant before the incident; the
day the complainant went to the home of the Applicant; the date the incident was reported
to the police; and the day on which the Applicant was arrested.
.
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er
e
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