20130624 TZHC Dar es Salaam

20130624 TZHC Dar es Salaam

The evidence of the prosecution witnesses was direct and credible, the child witness was properly admitted, contradictions in the victim's age were immaterial, and the absence of spermatozoa did not negate the offence. The conviction and sentence were proper and supported by the evidence.

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, Child Witness, Credibility of Witnesses, Sentencing
Source Language
English
Criminal Law Rape Evidence Admissibility Child Witness Credibility of Witnesses Sentencing

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Parties

Divisheni Valery

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the evidence admitted by the trial court was hearsay and inadmissible
  2. 2 Whether the evidence of a child of tender age was properly admitted
  3. 3 Whether contradictions in the victim's age affected the conviction

Ratio Decidendi

The evidence of the prosecution witnesses was direct and credible, the child witness was properly admitted, contradictions in the victim's age were immaterial, and the absence of spermatozoa did not negate the offence. The conviction and sentence were proper and supported by the evidence.

Court Disposition

appeal dismissed

Orders

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