babu so abdullahaman msuya vs republic 2023 tzca 18017 22 december 2023

babu so abdullahaman msuya vs republic 2023 tzca 18017 22 december 2023

The conviction was based on evidence of a child of tender age taken in violation of section 127(2) of the Evidence Act, rendering it inadmissible; with the remaining evidence being hearsay and insufficient, the prosecution failed to prove the charge beyond reasonable doubt.

Citation
babu so abdullahaman msuya vs republic 2023 tzca 18017 22 december 2023
Parties
Appellant: Babu s/o Abdullahaman @ Msuya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 December 2023
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Children, Procedural Irregularity, Standard of Proof
Source Language
English
Criminal Law Rape Evidence of Children Procedural Irregularity Standard of Proof

Case Brief

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Parties

Babu s/o Abdullahaman @ Msuya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the conviction for rape was proved beyond reasonable doubt
  2. 2 Whether the evidence of the child victim was admissible under section 127(2) of the Evidence Act

Ratio Decidendi

The conviction was based on evidence of a child of tender age taken in violation of section 127(2) of the Evidence Act, rendering it inadmissible; with the remaining evidence being hearsay and insufficient, the prosecution failed to prove the charge beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside