20190517 TZHC Dodoma

20190517 TZHC Dodoma

The prosecution failed to strictly prove the age of the victim and did not comply with procedural requirements for testimony and interpretation, resulting in failure to prove the offence of rape beyond reasonable doubt.

Citation
20190517 TZHC Dodoma
Parties
Appellant: Boniphace Makiya; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 May 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Evidence, Statutory Rape, Proof of Age, Procedure
Source Language
English
Criminal Law Rape Evidence Statutory Rape Proof of Age Procedure

Case Brief

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Parties

Boniphace Makiya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the age of the victim was strictly proved as required for statutory rape
  3. 3 Whether procedural requirements regarding testimony and interpretation were complied with

Ratio Decidendi

The prosecution failed to strictly prove the age of the victim and did not comply with procedural requirements for testimony and interpretation, resulting in failure to prove the offence of rape beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside