20180716 TZCA Mwanza2

20180716 TZCA Mwanza2

The conviction for rape was properly grounded on the credible evidence of the victim, supported by her mother's testimony regarding age, and the appellant's failure to cross-examine on material points implied acceptance of the prosecution's case. DNA or paternity evidence was not required for proof of rape. New grounds not raised in the first appellate court cannot be entertained.

Citation
20180716 TZCA Mwanza2
Parties
Appellant: Bonfance Alistedes; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 July 2018
Procedural Posture
Criminal Appeal / Second Appeal, Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Proof of Penetration, Age of Victim, Evidence Assessment, Jurisdiction of Appellate Court
Source Language
English
Criminal Law Rape Proof of Penetration Age of Victim Evidence Assessment Jurisdiction of Appellate Court

Case Brief

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Parties

Bonfance Alistedes

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether penetration was proved beyond reasonable doubt
  2. 2 Whether DNA or Government Chemist report was required to prove paternity
  3. 3 Whether PF3 linked appellant to the crime

Ratio Decidendi

The conviction for rape was properly grounded on the credible evidence of the victim, supported by her mother's testimony regarding age, and the appellant's failure to cross-examine on material points implied acceptance of the prosecution's case. DNA or paternity evidence was not required for proof of rape. New grounds not raised in the first appellate court cannot be entertained.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence upheld
  • appellant remains convicted and sentenced to 30 years imprisonment