ally omary chikwendo vs republic 2007 tzhc 112 4 december 2007

ally omary chikwendo vs republic 2007 tzhc 112 4 december 2007

The prosecution failed to prove beyond reasonable doubt that the appellant had carnal knowledge of the victim, that the victim was below 18 years of age, and that she was a school girl at the material time. The evidence was not watertight, and doubts were resolved in favour of the appellant.

Citation
ally omary chikwendo vs republic 2007 tzhc 112 4 december 2007
Parties
Appellant: Ally Omary Chikwendo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; conviction quashed; sentences set aside; appellant to be released unless lawfully held for another cause
Legal Topics
Rape, Impregnating a School Girl, Burden of Proof, Credibility of Witnesses, Age Determination, Evidence Law
Source Language
English
Criminal Law Rape Impregnating a School Girl Burden of Proof Credibility of Witnesses Age Determination Evidence Law

Case Brief

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Parties

Ally Omary Chikwendo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the appellant committed rape and impregnated a school girl
  2. 2 Whether the age of the victim was proved to be below 18 years
  3. 3 Whether the victim was a school girl at the material time

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the appellant had carnal knowledge of the victim, that the victim was below 18 years of age, and that she was a school girl at the material time. The evidence was not watertight, and doubts were resolved in favour of the appellant.

Court Disposition

appeal allowed; conviction quashed; sentences set aside; appellant to be released unless lawfully held for another cause

Orders

  • Conviction on both counts quashed
  • Sentences of thirty years and three years imprisonment set aside