20130624 TZHC Dar es Salaam

20130624 TZHC Dar es Salaam

The evidence of prosecution witnesses was admissible and credible, and the absence of spermatozoa did not preclude a finding of rape given other corroborative evidence. The conviction and sentence were proper.

Citation
20130624 TZHC Dar es Salaam
Parties
Appellant: Divisheni Valery; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 June 2013
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Evidence Admissibility, Credibility of Witnesses, Child Witness, Medical Evidence
Source Language
English
Criminal Law Rape Evidence Admissibility Credibility of Witnesses Child Witness Medical Evidence

Case Brief

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Parties

Divisheni Valery

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the evidence of prosecution witnesses was admissible and credible
  2. 2 Whether the conviction for rape was proper given the alleged contradictions and absence of spermatozoa

Ratio Decidendi

The evidence of prosecution witnesses was admissible and credible, and the absence of spermatozoa did not preclude a finding of rape given other corroborative evidence. The conviction and sentence were proper.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence of 30 years imprisonment and 3 strokes of the cane upheld