Criminal Law - charge - evidence that appellant took money and had sex with complaint under threat of death - offences of stealing and indecent assault of female - whether committed - whether the proper offences charged - Penal Code Sections 279(a), 296, 140, 144(1).

The appellant was charged with stealing from the person and indecent assault of a female, for which he was convicted and sentenced. The complainant had testified that she had approached the appellant for his help in purchasing a piece of land and the appellant had invited her to his house for discussions where, after threatening to kill her, he took all her money and had carnal knowledge of her. The appellant in his defence denied the offences and stated that the complainant had been his lover.

Held:

1. If the complainant’s evidence was to be believed, then the appellant should have been charged with the offences of robbery and rape.

2. The offences charged had not been committed as such.

3. In view of the complainant’s submission to sexual intercourse with the appellant in his house, the appellant had told the truth.

Appeal allowed, sentences set aside, appellant to be released.

Cases

No case referred to.

Statutes

Penal Code Sections 279(a), 296, 140, 144(1)