CORAM: Hon. Justice D.K.MagareAppellant in personMr Nyoro for the State
1.This matter came up for hearing today. The respondent did not turn up. The Prosecutor prayed to withdraw the Appeal as the trial court was correct. I have equally perused the court file. I note that there are contradictions. The minor witness stated that she did not see the blood but the father told her to say she did. With these kind of holes, the prosecution case was doomed from the word go.The respondent should not have even been put to his defence.
2.In the circumstances the application to withdraw is merited. I allow the same. The appeal is marked as withdrawn. This file is closed.