change mohamed mawanga vs republic 2023 tzhc 18773 30 june 2023

change mohamed mawanga vs republic 2023 tzhc 18773 30 june 2023

The trial court's record indicated compliance with section 127(2) of the Evidence Act, but failed to demonstrate credible evidence of rape or unnatural offence due to inconsistencies and lack of corroboration. The prosecution did not prove the charges beyond reasonable doubt.

Citation
change mohamed mawanga vs republic 2023 tzhc 18773 30 june 2023
Parties
Appellant: Change Mohamed Mawanga; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Unnatural Offence, Child Witness, Evidence Admissibility, Standard of Proof
Source Language
English
Criminal Law Rape Unnatural Offence Child Witness Evidence Admissibility Standard of Proof

Case Brief

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Parties

Change Mohamed Mawanga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the evidence of PW2, a child of tender age, was properly received
  2. 2 Whether the prosecution proved the charges of rape and unnatural offence beyond reasonable doubt

Ratio Decidendi

The trial court's record indicated compliance with section 127(2) of the Evidence Act, but failed to demonstrate credible evidence of rape or unnatural offence due to inconsistencies and lack of corroboration. The prosecution did not prove the charges beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside