High Court has overturned a lower court ruling that acquitted a man accused of repeatedly sexually assaulting his stepdaughter, and ordered a retrial in the case.

The man had been charged with sexually assaulting a minor on multiple occasions involving his stepdaughter.

The lower court had previously dismissed the charge sheet, ruling that the case was filed after the investigation period set out in the Criminal Procedure Act had expired, and ordered his immediate release from detention pending trial.

The prosecution had argued that the case was filed within the permitted timeframe, but the magistrate raised the issue of the investigation period on its own initiative, without it being challenged by the defence.

The prosecution later appealed to the High Court, arguing that the magistrate had acted improperly in raising the issue on its own motion.

However, the High Court ruled that it is not unlawful for a judge to consider clear legal errors even if they are not raised by the parties, provided procedural fairness is maintained.

At the same time, High Court found that the lower court had misapplied the law regarding the investigation timeline.

Under the Criminal Procedure Act, police investigations may be extended to 45 days with the approval of the Prosecutor General. The court noted that the deadline for submission to the Prosecutor General’s Office was 8 May 2022, and that the investigation was completed and submitted at 1:14 pm on 7 May 2022.

On that basis, the High Court concluded that there had been no breach of the statutory time limit for investigation and prosecution.

The court quashed the lower court’s judgment and ordered the case to be retried.

The case was first filed in the lower court in 2022 and concluded in 2023. It was appealed to the High Court in 2023, with the decision delivered yesterday.