Case No.:

AC-CR-REV-81-1956

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 121-Rioting-Must prove knowledge of common object of unlawful assembly and intention to join it

Four men were arrested in a riot and convicted under Penal Code, S. 121.
Held: Burden is on the prosecution to prove:
(a) knowledge of accused of “the common object of the unlawful assembly
(b) intention to join it.

Judgment

)CRIMINAL REVISION)

SUDAN GOVERNMENT V. APOLO AJUDRA AND OTHERS

AC-CR-REV-81-1956

M. A. Abu Rannat C.J. July 8, 1956 :—This case was not properly tried. No prosecution witnesses to prove the presence of these four men amongst the rioters were called. The only prosecution witness who i appeared before the court was the police investigator. His evidence does not establish that these four men were in fact members of the unlawful assembly.

It is the duty of the prosecution to determine what witnesses it should call in support of its case. Witnesses essential to the unfolding of the narrative on which the prosecution is based must be called by the prose-, cution, whether in the result the effect of their testimony is for or against the case for the prosecution. All the facts, however numerous an complicated which go to make up the accused’s guilt, must be proved by the prosecution.

The duty of proving the case in a criminal case is a heavy one an it is not sufficient to say that a certain person was present at an assembly. It must be proved that he knew of the common object of the unlawful assembly and that he intentionally joined it.

I therefore order that the case be quashed and the four ac used he at liberty forthwith.