R. v. Tahir Ali, Crim. Rev. 43-Z-66, 28/12/67, Kimicha Ag. C. J.

R. v. Tahir Ali, Crim. Rev. 43-Z-66, 28/12/67, Kimicha Ag. C. J.

The accused was convicted by a District Magistrate, upon his own plea, of an unnatural offence c/s 142(c) of the Penal Decree. After the proceedings were completed, the District Magistrate realized that he lacked jurisdiction to try the case, whereupon he correctly forwarded the record to the High Court for revision.

Held: (1) As the District Magistrate had no jurisdiction to hear this case, the trial was a nullity. Conviction quashed.

            (2) The prosecution is at liberty to prefer fresh charges based on this alleged offence before a Resident Magistrate. “If this is done and the accused is re-convicted, the period that he has already served in prison and the convenience to him caused by the long trial should be taken into consideration in passing sentence.”