20181205 TZCA Mbeya

20181205 TZCA Mbeya

The prosecution failed to prove the charges beyond reasonable doubt due to contradictions in the evidence, improper admission of medical evidence in violation of section 240(3) of the CPA, and failure to prove penetration in examination-in-chief. The trial court also erred by importing extraneous matters not supported by evidence. These deficiencies were fatal to the conviction.

Citation
20181205 TZCA Mbeya
Parties
Appellant: Mustapha Khamis; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 December 2018
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Rape, Impregnating a Schoolgirl, Standard of Proof, Admissibility of Medical Evidence, Right to Cross Examine, Credibility of Witnesses, Appellate Jurisdiction
Source Language
English
Criminal Law Rape Impregnating a Schoolgirl Standard of Proof Admissibility of Medical Evidence Right to Cross Examine Credibility of Witnesses Appellate Jurisdiction

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Parties

Mustapha Khamis

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved the charges of rape and impregnating a schoolgirl beyond reasonable doubt
  2. 2 Whether failure to comply with section 240(3) of the Criminal Procedure Act regarding medical evidence was fatal
  3. 3 Whether the trial and first appellate courts failed to consider the appellant's defence

Ratio Decidendi

The prosecution failed to prove the charges beyond reasonable doubt due to contradictions in the evidence, improper admission of medical evidence in violation of section 240(3) of the CPA, and failure to prove penetration in examination-in-chief. The trial court also erred by importing extraneous matters not supported by evidence. These deficiencies were fatal to the conviction.

Court Disposition

appeal allowed

Orders

  • Judgment and conviction of both lower courts quashed
  • Sentences of thirty and five years' imprisonment set aside