A1: BINEN DANIEL GINO
A2: OCHAN DENIS
A3: OCAKACON INNOCENT
When the changes were read to the Accused, they denied the charges and a plea of NOT GUILTY was accordingly entered.
By denying the charges, the Accused put in issue all and every essential ingredient of the offence with which he is being charged.
In attempt to prove the charge, the prosecution called 1(one) witness. Prosecution called Kilama Denis, the complainant, aged 23 years, resident of Lulai village, Lulai parish, Opar subcounty and a catholic by faith who testified and his evidence was taken down as PW1.
He told court that he knows the accused persons; that he came to know A1, A2 and A3 the day they were arrested; that on the 24th of September, 2023, they had a burial at their place; that they left the burial at 8:00pm
because PW1 was not feeling well; that when he came back, PW1 pushed his said motorcycle (UFY 131 C) CT Bajaj inside the house; that the motorcycle was valued at approximately, 5,000,000/=; that PW1’s
mother and children are the ones that sleep in the house, whereof he had parked.
After several adjournments to enable the investigating officer to appear and give testimony but in vain, prosecution case was closed court decided to proceed without his input and set down the case for ruling on
whether or not the accused have a case to answer (prima facie case).
FULL JUDGEMENT:
Download Here: BIN EN DANIEL GINO. STEALING MOTOR VEHICLE. NO CASE TO ANSWER_084418
In the circumstances, I hereby find all the Accused not guilty and acquit them of the offence of stealing a motor vehicle contrary to Section 265 of the Penal Code Act.
They should be set free forth with unless they are being held for any other lawful reason.
I so order.