R. v. Bimonyira Crim. Case 28-B-71; 5/5/71; El-Kindy Ag. J.

R. v. Bimonyira Crim. Case 28-B-71; 5/5/71; El-Kindy Ag. J.

The accused was charged with murder contrary to section 196 of the Penal Code. He denied the charge. At the close of the prosecution’s case, the judge overruled a submission of no case to answer. He directed himself as to the implication of the overruling of the submission to the final verdict where the accused offers no defence as in this case.

Held: (1) “It is of course a mistake to think that because I said that there was a case to answer that, if no defence is offered, this court must convict. This is clear from what was stated by Wilson J. in REX v. JAGJIWAN PATEL AND FOUR OTHERS I T. L. R. (R) p. 85 at p. 87 ……….. I think

The wording in RAMANLAL T. BHATT v. R. [1957] E. A. 332 at page 335 too supports this view. The reference to the words “could convict” would indicate that it does not necessarily mean that such court must convict at the end of the trial if no defence is put forward. The accused is entitled at this final stage, to a full consideration of the evidence irrespective f what I said when I ruled that there was a prima facie case against the accused for the accused to answer. A mere prima facie case is not sufficient to support conviction” (see WABIRO alias MUSA v. R. [1960] E. A. 155 and GABRIEL s/o MUHOLE v. R. [1960] E. A. 159).” (2) “The case against the accused is based on circumstantial evidence. For such evidence to found a conviction, the court must find that the inculpatory facts are inconsistent with the innocence of the accused and incapable of explanation upon any other hypothesis that that of guilt. (See SIMON MUSOKE v. R. [1958] E. A. 715, SHARMPAL SINGH v. R. [1966] E. A. 762 and ILAND s/o KASONG v. R. [1960] E. A. 780). It is therefore for this court to examine the evidence in this case to find out it is of  such nature that it leads to only one conclusion that of guilt of the accused.” (3) “The evidence left a reasonable doubt that the accused was not quilt as charged.” (4) Accused acquitted.