emmanuel sam mdio vs republic 2021 tzhc 7573 24 november 2021
The child witness's evidence was properly received as the promise to tell the truth was recorded and intelligence was ascertained; discrepancies in dates are not material due to repetitive nature of offence; failure to call additional witnesses does not undermine the prosecution case as the victim's evidence suffices.
- Citation
- emmanuel sam mdio vs republic 2021 tzhc 7573 24 november 2021
- Parties
- Appellant: Emmanuel Sam @ Mdio; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 November 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Unnatural Offence, Child Witness, Sexual Offences, Evidence of Tender Age, Contradictory Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Sam @ Mdio
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence of a child witness was properly received under section 127(2) of the Tanzania Evidence Act
- 2 Whether contradictions in prosecution evidence undermine the conviction
- 3 Whether failure to call certain witnesses affects the prosecution case
Ratio Decidendi
The child witness's evidence was properly received as the promise to tell the truth was recorded and intelligence was ascertained; discrepancies in dates are not material due to repetitive nature of offence; failure to call additional witnesses does not undermine the prosecution case as the victim's evidence suffices.
Court Disposition
appeal dismissed
Orders
- decision of the trial court upheld
- right to appeal explained to appellant
Full Case Text
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