JUDGMENT OF THE COURT
The appellant, Moses Shivaji Shikah, was, on the 18th day of November, 1997, convicted of the offences of (1) Defilement of a girl under 14 years of age contrary to section 145(1) of the Penal Code and (2) of assault causing actual bodily harm contrary to section 251 of the Penal Code. He was sentenced to seven years imprisonment and ordered to receive five strokes of the cane in respect of the offence of defilement. He was ordered to serve one year imprisonment in respect of the offence of assault causing actual bodily harm. The sentences were to run concurrently.
The appellant appealed against both the convictions and sentences to the superior court. In his petition of appeal to that court which had six grounds of appeal endorsed at the back, he had not crossed out that portion thereof which says "I do not wish to be present at the hearing of the appeal". Similarly he had not crossed out the words
"I do" in that sentence so that the sentence as it stood read unce…