Rashidi Saidi v. R., Crim. App. 272-M-69, 30/7/69, Bramble J.

Rashidi Saidi v. R., Crim. App. 272-M-69, 30/7/69, Bramble J.

The appellant was convicted of indecent Assault c/s 135 of the Penal Code and sentenced to 12 months imprisonment. The evidence of the complainant was that the appellant told her that he was in love with her; he carried her in his house and put her on his bed but she refused to sleep with him so he went and stood near the door. She pushed him, he fell down and she ran away. She was supported by one witness. The appellant said that he was drunk that evening when the complainant and the witness came to his house and sat on his bed. When they were about to leave he asked them to spend the night.

            Held: (1) “The evidence does not support the conviction for indecent assault. Apart from putting the complainant on his bed he did nothing else. There was, however, an assault and I substitute a conviction of Common Assault c/s 240 of the Penal Code.” (2) Having regard to the evidence and the fact that the appellant is a first offender I vary the sentence to such terms as will ensure his immediate release.” (3) Appeal allowed in part.