adam angetile vs republic 2023 tzca 14 15 february 2023
The conviction for rape was properly sustained on the credible and corroborated testimony of the victim (PW1) and her mother (PW2), and the failure to call additional witnesses was not fatal as the law does not require a specific number of witnesses. The cautioned statement was lawfully expunged and did not affect the conviction.
- Citation
- adam angetile vs republic 2023 tzca 14 15 february 2023
- Parties
- Appellant: Adamu Angetile; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2023
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Appeals, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Adamu Angetile
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the conviction for rape was properly sustained based on the evidence presented
- 2 Whether failure to call additional witnesses was fatal to the prosecution's case
- 3 Whether the prosecution and defence evidence was properly evaluated
Ratio Decidendi
The conviction for rape was properly sustained on the credible and corroborated testimony of the victim (PW1) and her mother (PW2), and the failure to call additional witnesses was not fatal as the law does not require a specific number of witnesses. The cautioned statement was lawfully expunged and did not affect the conviction.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence affirmed
- No merit found in any ground of appeal
Full Case Text
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