charles haule vs republic 2021 tzca 147 30 april 2021

charles haule vs republic 2021 tzca 147 30 april 2021

The evidence of the victim (PW1), a child of tender years, was credible and sufficient to sustain the conviction for rape and unnatural offence under section 127(7) of the Evidence Act, and was corroborated by other prosecution witnesses. Failure to call additional witnesses did not create reasonable doubt, and the alibi defence was not properly raised. The second appeal was dismissed as lacking merit.

Citation
charles haule vs republic 2021 tzca 147 30 april 2021
Parties
Appellant: Charles Haule; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 April 2021
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Rape, Unnatural Offence, Evidence of Child Witness, Corroboration, Alibi, Appellate Jurisdiction
Source Language
English
Criminal Law Rape Unnatural Offence Evidence of Child Witness Corroboration Alibi Appellate Jurisdiction

Case Brief

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Parties

Charles Haule

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the conviction for rape and unnatural offence was properly sustained on the evidence of the victim and corroborating witnesses
  2. 2 Whether failure to call certain witnesses created reasonable doubt
  3. 3 Whether the defence of alibi was properly considered

Ratio Decidendi

The evidence of the victim (PW1), a child of tender years, was credible and sufficient to sustain the conviction for rape and unnatural offence under section 127(7) of the Evidence Act, and was corroborated by other prosecution witnesses. Failure to call additional witnesses did not create reasonable doubt, and the alibi defence was not properly raised. The second appeal was dismissed as lacking merit.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentences of life imprisonment and corporal punishment upheld