Aziz vs. Attorney General – sllr 2014 volume 1 page 281

In the case between AZIZ (Plaintiff) and ATTORNEY GENERAL (Defendant), the court addressed the issue of whether a DNA test could be compelled as additional evidence on appeal in a prosecution for kidnapping and rape of a minor. It was held that the court possesses discretion to admit further evidence at the appellate stage if it is in the interests of justice and with the necessary consents. This principle was reaffirmed with reference to sections 329, 351, and 364(2)(e) of the Code of Criminal Procedure, and Article 139(2) of the Constitution, as well as precedents including Vander Hultez Vs. AG and Ladd Vs. Marshall. Emphasis was placed on the requirement that new evidence, such as a DNA test, should only be admitted when it could decisively affect the outcome and where due process, incl