mommg
7:00a.m. Although
observed him
There
mJ
was seeing the accused for the
time, she
broad
evidence that
condition vvas bad.
appeared
could not have
elderly witness who
accused
as the man who attacked her.
other ·evidence ruling out a mistaken identity on the part
PW.2 was the
duration of attack.
Was this incident on
a
p·w.2
or a long
that the
incident lasted for 20 minutes. When P'N.2 was heading home holding her clothes
in the hands and
only in a
second time.
interception lasted
coat she was confronted
He rudely
about 4
by the
not to make
giving PW.2 another opportunity to observe
the accused.
my considered view therefore, the witness, PW. 2 had
to
and at
same
The accused put up a defence of alibi that
at 6:00a.m
a
went to work
was not
scene. That on that
came back home at 4:00p.m only
hotel
many people who
complainant. The accused has no duty to
to disprove the alibi and put the
satisfied that
managed to put
"l
his alibi. This duty lies on
scene
I am
prosecution evidence of PW.2, a single identifying witness
at
scene of crime. ·
8
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