19890310 TZHC Tanga
The trial magistrate failed to comply with the mandatory requirements of section 127 of the Evidence Act by not ascertaining and recording whether PW2 possessed sufficient intelligence and understood the duty of speaking the truth, rendering her evidence inadmissible and the conviction unsafe.
- Citation
- 19890310 TZHC Tanga
- Parties
- Appellant: DLahiri Ally; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 March 1989
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Defilement, Child Witness, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
DLahiri Ally
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial magistrate complied with mandatory provisions regarding the reception of evidence from a child of tender years under section 127 of the Evidence Act
- 2 Whether the conviction and sentence based on the evidence of PW2 were valid
Ratio Decidendi
The trial magistrate failed to comply with the mandatory requirements of section 127 of the Evidence Act by not ascertaining and recording whether PW2 possessed sufficient intelligence and understood the duty of speaking the truth, rendering her evidence inadmissible and the conviction unsafe.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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