20180820 TZHC Mwanza

20180820 TZHC Mwanza

The conviction was quashed because the charge for impregnating a school girl was based on a non-existent legal provision, the age of the complainant was not proved as required for the rape charge, there was a fatal variance between the charge and evidence as to the time of the offence, and the chain of custody for DNA evidence was not established.

Citation
20180820 TZHC Mwanza
Parties
Appellant: Bahati Daudi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.
Legal Topics
Rape, Impregnation of a School Girl, Defective Charge, Chain of Custody, Proof of Age, Variance Between Charge and Evidence
Source Language
English
Criminal Law Education Law Rape Impregnation of a School Girl Defective Charge Chain of Custody Proof of Age Variance Between Charge and Evidence

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Parties

Bahati Daudi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape and impregnating a school girl was proper given the variance between the charge and evidence as to time
  2. 2 Whether the age of the complainant was proved as required by law
  3. 3 Whether the charge for impregnating a school girl was based on a valid legal provision

Ratio Decidendi

The conviction was quashed because the charge for impregnating a school girl was based on a non-existent legal provision, the age of the complainant was not proved as required for the rape charge, there was a fatal variance between the charge and evidence as to the time of the offence, and the chain of custody for DNA evidence was not established.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.

Orders

  • Conviction quashed
  • Sentence set aside