ashumu mailooya lesage vs repub 2024 tzca 70 20 february 2024

The conviction was quashed because the victim's testimony was not given under oath or affirmation as required by section 198(1) of the CPA, rendering it inadmissible, and the remaining evidence was insufficient to prove the charges beyond reasonable doubt.

Citation: ashumu mailooya lesage vs repub 2024 tzca 70 20 february 2024
Parties: Appellant: Ashumu Mailooya @ Lesage; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 20 February 2024
Procedural Posture: Criminal Appeal / Final Appellate Judgment
Outcome: appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless held for other lawful cause
Legal Topics: Rape, Impregnating a School Girl, Oath and Affirmation of Witnesses, Standard of Proof, Admissibility of Evidence
Source Language: English

Criminal Law Criminal Procedure Rape Impregnating a School Girl Oath and Affirmation of Witnesses Standard of Proof Admissibility of Evidence

Case Brief

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Parties

Ashumu Mailooya @ Lesage

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

1 Whether the conviction based on unsworn testimony of the victim was lawful
2 Whether the remaining evidence, after discounting the victim's testimony, was sufficient to sustain conviction

Ratio Decidendi

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless held for other lawful cause

Orders

Conviction quashed
Sentence set aside