Principles

· CRIMINAL PROCEDURE_COMMITAL for trial of Criminal procedure, s. 162(1) - Sufficient grounds means conviction possible not probable.

The inquiring magistrate must commit under Code of’ Criminal Procedure. s. 162(1), unless in his opinion conviction on the evidence before him is impossible. Sufficient grounds mean a prima facie case indicating that conviction is possible not probable

Judgment

Advocate:

Ahmed Hassan Sherif .... for the Accused.

M. A. Abu Rannat, C. J.. April 16, 1963: — I read the Magisterial Inquiry and the application submitted by advocate Ahmed Hassan Sherif against the order committing Accused No. 1 Taha Mohamed Hassan and  accused  No. 2 Sheikh Musa Sayed for trial by a Major Court under Penal Code, ss. 78-362 or 82-352.

Code of Criminal Procedure, s. 162(1) reads:—

“If, after such evidence and examination (if any) have been taken and made, the Magistrate being a Magistrate of the first or second class is satisfied that there are sufficient grounds for committing the accused for trial, he shall frame a charge under his hand declaring with what offence the accused is charged.”

The words “sufficient grounds” do not mean sufficient grounds for conviction, but for committing. The Magistrate should consider whether conviction is possible and not whether it is probable, and in a case of conflicting and doubtful evidence, he ought to commit it for trial, however unevenly the evidence is balanced; but if the Magistrate finds the evidence against the accused totally untrustworthy, and a conviction is impossible then he is bound-to discharge the accused.

There is in my view sufficient evidence, which warrants the committal of the two accused for trial under the charges framed against them. I do not propose to reply to the points raised by Accused No.2’s advocate, as they may amount to prejudging his case and prejudice the trial itself.

The application is dismissed and the proceedings should be sent  to the Court for trial as soon as possible.

Editors’ Note: See Sudan Government V. Abdel Hamid Abu El Gasm, (1961) S.L.J.R. 129