KCC 1338/2017
This case involved whether there was evidence of forgery as the relevant documents had not been examined by the court in the presence of the parties.
Background
The office of public prosecution accused two defendants of forging formal documents. The office requested the court to penalise the defendants according to the relevant laws.
The court convicted the defendants of committing forgery.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They said that the ruling was invalid because the court had not considered the documents in the presence of the disputed parties.
Decision
The court said that this argument was valid. The court said that the case documents revealed that the court had considered the case and convicted the defendants without reviewing the documents that office claimed the defendants forged. The court said that the court therefore established the ruling on the grounds of invalid evidence.
The court repealed the appealed ruling.