bashiru salum vs republic 2020 tzca 196 1 april 2020
PW1's evidence was properly received on affirmation and was credible; corroboration was not legally required but was present through other witnesses and oral evidence; procedural irregularities in admitting documents did not prejudice the appellant; the prosecution proved the case beyond reasonable doubt.
- Citation
- bashiru salum vs republic 2020 tzca 196 1 april 2020
- Parties
- Appellant: Bashiru Salum Sudi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 April 2020
- Procedural Posture
- Criminal Appeal / Second Appeal, Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence of Child Witnesses, Corroboration, Procedural Irregularities
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bashiru Salum Sudi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal, Court of Appeal
Legal Issues
- 1 Whether the conviction was proper given alleged non-compliance with section 127(2) and (6) of the Evidence Act regarding child witnesses
- 2 Whether evidence of PW1 and PW2 lacked corroboration
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
PW1's evidence was properly received on affirmation and was credible; corroboration was not legally required but was present through other witnesses and oral evidence; procedural irregularities in admitting documents did not prejudice the appellant; the prosecution proved the case beyond reasonable doubt.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
- exhibits PI and P2 expunged from record
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