High Court. (Sun Photo)
A case involving an individual accused of engaging in a homosexual relationship has been dismissed at the appellate stage, following a request by the prosecution.
The case, initially filed by the prosecution in 2019, alleged a homosexual relationship. In February 2023, the Criminal Court dismissed the case, a decision subsequently appealed by the prosecution to the High Court.
The prosecution lodged the appeal with the High Court shortly after the lower court's verdict. However, in 2023, the High Court, on Monday, dismissed the case at the prosecution's request.
The prosecution moved for the dismissal on the grounds that, at the time of the case review, the defendant possessed no prior criminal record, and there was no appellate special question of law to be considered.
The prosecution's application to the High Court for dismissal was submitted three months prior, with a formal request in writing dated June 29 of the current year.
The High Court panel comprising Justices Abdullah Jameel Moosa, Fathimath Farheeza, and Deebanaz Fahumy presided over the dismissal of the case.
This incident is consistent with a trend of certain long-standing cases, including those involving sexual assault, being dismissed at the request of the state.