Hasoni Abasi s/o Mohamed v. R., Crim. App. 27-M-68, 23/3/68, Mustafa J.

Hasoni Abasi s/o Mohamed v. R., Crim. App. 27-M-68, 23/3/68, Mustafa J.

Accused was convicted of stealing from the person of another, leaving a moving train at an unappointed place, and escaping from lawful custody. He was given a single sentence of 3 year’s imprisonment and 4 years’ police supervision, covering all charges. During the trial, after the prosecution had closed its case and accused had given his own evidence, the magistrate recalled three prosecution witnesses “….. to fill a gap in the prosecution case as regards the identification of the (accused).” Having convicted accused, the prosecution presented a certificate of previous conviction, all of which

The accused denied. After an adjournment to permit the prosecution to prove the convictions, the magistrate admitted the certificate and on that evidence alone proceeded to pass sentence.

            Held: (1) The omnibus sentence was improper, but the error is curable under section 346 of the Criminal Procedure Code. (2) The calling of prosecution witnesses to “fill a gap in the prosecution case,” after the appellant had given evidence, was a “fatal” error by the magistrate. (3) The admission of the challenged certificate of prior convictions without further proof was improper, under Section 143(2) of the Criminal Procedure Code. Convictions quashed.