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The prosecution failed to prove the age of the victim, failed to prove the victim was a school girl, relied on hearsay evidence, and failed to prove the dates of the offence, resulting in failure to prove the charges beyond reasonable doubt.

Citation
image0017
Parties
Appellant: Charles Benson Longe; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Criminal Appeal / High Court Appellate Ruling
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless lawfully held for another cause.
Legal Topics
Rape, Impregnating a School Girl, Proof of Age, Proof of Victim's Status, Hearsay Evidence, Standard of Proof, Variance in Charge and Evidence
Source Language
English
Criminal Law Rape Impregnating a School Girl Proof of Age Proof of Victim's Status Hearsay Evidence Standard of Proof Variance in Charge and Evidence

Case Brief

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Parties

Charles Benson Longe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / High Court Appellate Ruling

Legal Issues

  1. 1 Whether the prosecution proved the age of the victim as required for statutory rape
  2. 2 Whether the prosecution proved the victim was a school girl for the offence of impregnating a school girl
  3. 3 Whether there was variance between the charge sheet and the evidence regarding the dates of the offence

Ratio Decidendi

The prosecution failed to prove the age of the victim, failed to prove the victim was a school girl, relied on hearsay evidence, and failed to prove the dates of the offence, resulting in failure to prove the charges beyond reasonable doubt.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless lawfully held for another cause.

Orders

  • Appeal allowed
  • Conviction quashed