d)
The appellate courts based their decisions on the findings of the
lower
courts,
which,
in his view,
violates
his right to have
his
sentence reviewed.
iii.
| That the decision of the Court of Appeal was contrary to Rule 66(1) of
the Court of Appeal Rules due to the following:
a.
“the court failed to evaluate the evidence of PW1
and PW2 to
reach a just decision...”;
the
decision
was
based
on
uncorroborated
evidence
by the
prosecution witnesses;
throughout the trial, there was no investigator of the case and the
PF 3 form’ was not listed during the preliminary hearing or in the
charge
sheet
nor were
the
authors
of the
documents
(police
officer and doctor) called as witnesses;
the burden of proof was shifted to the defence contrary to Section
110(2) of the Evidence Act 1967 (Cap. 6 R.E. 2002);
there was insufficient evidence to connect the Applicant with the
offence of rape because
of the quarrel with PW3 who testified
before the trial court that she bore grudges with the Applicant;
the “trial Court and Appellate Court erred in law and fact when
they discarded
the Applicant's
unshaken
defence
and
believed
the prosecution’s theory.”
lll.
SUMMARY
7.
OF THE PROCEDURE
BEFORE THE COURT
The Application was filed at the Registry on 23 November 2015 and was
served on the Respondent State on 25 January 2016. The Applicant filed
an
amended
Application
on 28 January
2016,
which
was
Respondent State on 15 February 2016.
1 Police Form (PF) 3 is a form by which the Police request for Medical Examination.
4
served
on the