20170929 TZHC Dar es Salaam1
The prosecution failed to prove the essential ingredient of penetration beyond reasonable doubt, and the trial court misdirected itself by not properly considering the defence evidence.
- Citation
- 20170929 TZHC Dar es Salaam1
- Parties
- Appellant: Ally Selemani; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Parties
Ally Selemani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the prosecution proved the offence of rape beyond reasonable doubt
- 2 whether the trial court properly evaluated the evidence including the defence
Ratio Decidendi
The prosecution failed to prove the essential ingredient of penetration beyond reasonable doubt, and the trial court misdirected itself by not properly considering the defence evidence.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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