daimu daimu rashid double d vs republic 2019 tzca 366 4 november 2019
The conviction was based on inadmissible hearsay evidence from PW3 and PW4, while the victim's direct testimony exculpated the appellant. The prosecution failed to prove its case beyond reasonable doubt, warranting interference with the concurrent findings of the lower courts.
- Citation
- daimu daimu rashid double d vs republic 2019 tzca 366 4 november 2019
- Parties
- Appellant: Daimu Daimu Rashid @ Double D; Respondent: The Republic; Respondent Advocate (judgment Delivery): Mr. Paul Kimweri
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Impregnation of a Minor, Hearsay Evidence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daimu Daimu Rashid @ Double D
Appellant
The Republic
Respondent
Mr. Paul Kimweri
Respondent Advocate (judgment Delivery)
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction was based on admissible evidence
- 2 Whether the prosecution proved its case beyond reasonable doubt
- 3 Whether the trial and appellate courts erred in disregarding the victim's testimony
Ratio Decidendi
The conviction was based on inadmissible hearsay evidence from PW3 and PW4, while the victim's direct testimony exculpated the appellant. The prosecution failed to prove its case beyond reasonable doubt, warranting interference with the concurrent findings of the lower courts.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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