Court held that medical examination
evidence presented by the prosecution was
not conclusive on the age of the appellant.
Court added that since court was unsure
about the age of the appellant, it should have
decided in his favour.
Court also held that since the appellant was
17 at the time of commission of the offence,
the high court had no jurisdiction to sentence
him, instead the Family and children court
should have convicted him to a maximum of
Court accordingly quashed the conviction
and 12 year sentence and release the
appellant on the basis that he had already
served his maximum 3 sentence.