abdallah so hamisi vs republic 2020 tzhc 859 29 may 2020
The prosecution failed to prove beyond reasonable doubt the time and place of the alleged rape as specified in the charge sheet, and the evidence of the child witness, though received under the repealed procedure, was not invalid but insufficient to sustain conviction.
- Citation
- abdallah so hamisi vs republic 2020 tzhc 859 29 may 2020
- Parties
- Appellant: Abdallah s/o Hamisi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 May 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness
- Source Language
- English
Case Brief
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Parties
Abdallah s/o Hamisi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the case beyond reasonable doubt
- 2 Validity of child witness testimony after amendment to Evidence Act
- 3 Proof of time and place of alleged offence
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt the time and place of the alleged rape as specified in the charge sheet, and the evidence of the child witness, though received under the repealed procedure, was not invalid but insufficient to sustain conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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