19940128 TZHC Dar es Salaam

19940128 TZHC Dar es Salaam

The trial court failed to properly comply with section 127(2) of the Evidence Act in assessing and recording the competence of the child witness, and there was insufficient corroborative evidence to sustain the conviction.

Citation
19940128 TZHC Dar es Salaam
Parties
Appellant: Daniel Iyadi; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 January 1994
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
conviction quashed, appellant acquitted
Legal Topics
Defilement, Child Witness, Section 127(2) Evidence Act, Conviction on Uncorroborated Evidence
Source Language
English
Criminal Law Evidence Law Defilement Child Witness Section 127(2) Evidence Act Conviction on Uncorroborated Evidence

Case Brief

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Parties

Daniel Iyadi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the trial court complied with section 127(2) of the Evidence Act regarding the competence of a child witness
  2. 2 Whether the conviction can be sustained on the evidence adduced

Ratio Decidendi

The trial court failed to properly comply with section 127(2) of the Evidence Act in assessing and recording the competence of the child witness, and there was insufficient corroborative evidence to sustain the conviction.

Court Disposition

conviction quashed, appellant acquitted

Orders

  • Appellant to be released forthwith unless otherwise lawfully held.