abubakari rashid vs republic 2021 tzhc 7509 3 december 2021
The prosecution failed to prove the offences beyond reasonable doubt due to variance between the dates alleged in the charge sheet and the evidence, and the credibility of prosecution witnesses was doubtful, rendering the conviction unsustainable.
- Citation
- abubakari rashid vs republic 2021 tzhc 7509 3 december 2021
- Parties
- Appellant: Abubakari Rashid; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Unnatural Offence, Burden of Proof, Credibility of Witnesses, Variance Between Charge and Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abubakari Rashid
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the offences of rape and unnatural offence beyond reasonable doubt
- 2 Whether variance between dates in the charge sheet and evidence is fatal to the prosecution case
- 3 Whether the credibility of prosecution witnesses was sufficient to sustain conviction
Ratio Decidendi
The prosecution failed to prove the offences beyond reasonable doubt due to variance between the dates alleged in the charge sheet and the evidence, and the credibility of prosecution witnesses was doubtful, rendering the conviction unsustainable.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
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