Rex v Maingi (Criminal Appeal 189-1934.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that it is unsafe to convict on a retracted confession in the absence of corroboration in material particulars. The appellant's confession made one day after arrest was retracted before the committing Magistrate and at trial. Although the confession appeared voluntary, there was no real corroboration. The Court followed the rule of practice that a retracted confession has very little evidentiary value. The appeal was allowed and the appellant acquitted.
Outcome
Appellant acquitted and released forthwith
Facts
The appellant was convicted of murdering a native named Ndonye in July 1934. One day after his arrest on 21st October 1934, the appellant made a confession on 22nd October 1934 before a Magistrate. On 9th November 1934, in his statement before the committing Magistrate, the appellant retracted his confession and accused one Kamau of killing Ndonye. He stated that Kamau had compelled him to take a pledge of silence about the circumstances of Ndonye's death. At trial before the Supreme Court, the appellant adhered to his retraction and blamed Kamau for the death. The trial Judge accepted the confession as true, held the retraction false, and convicted the appellant on his own confession. When called upon before sentence, the appellant stated he had nothing more to say and expressed willingness to pay blood money. The description of where blows were struck substantially agreed with medical evidence as to the position of wounds, but this was equally consistent with blows having been struck by another person.
Issues
- Whether it is safe to convict on a retracted confession in the absence of corroboration in material particulars.
- Whether the statutory statement of the accused before the Magistrate under section 219 Criminal Procedure Code should be put in at trial.
- Whether the trial Judge was entitled to take into consideration the opinion of an assessor on tribal customs.
Orders
- Appeal allowed.
- Appellant acquitted.
- Appellant directed to be released forthwith.
Rules and key headnotes
Legislation cited (4)
- Criminal Procedure Code s.219
- Criminal Procedure Code s.246
- Criminal Procedure Code s.304
- Civil Procedure Code s.89(1)
Cases cited (4)
- Emperor v Shambhu and Another (I.L.R. (1932) 54 All. 350)
- Regina v Gardner ((1899) 1 Q.B.D. 150)
- Sheonarain Singh v King Emperor (I.L.R. (1929) 8 Patna 262)
- King Emperor v Tirumal Reddi (24 Madras)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.