20190722 TZHC Mwanza
The prosecution failed to prove the age of the victim as required for statutory rape and failed to provide sufficient evidence that the victim was a school girl or that the appellant was responsible for the pregnancy; thus, the conviction and sentence could not stand.
- Citation
- 20190722 TZHC Mwanza
- Parties
- Appellant: Edward Robert; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 July 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Impregnating a School Girl, Proof of Age, Evidence Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edward Robert
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the age of the victim as required for statutory rape under section 130(1)(2)(e) of the Penal Code
- 2 Whether there was sufficient evidence to prove the appellant impregnated a school girl under section 60A(3) of the Education Act
Ratio Decidendi
The prosecution failed to prove the age of the victim as required for statutory rape and failed to provide sufficient evidence that the victim was a school girl or that the appellant was responsible for the pregnancy; thus, the conviction and sentence could not stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of thirty years imprisonment set aside
Full Case Text
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