emmanuel so migeshi badatu vs republic 2011 tzca 63 20 june 2011

emmanuel so migeshi badatu vs republic 2011 tzca 63 20 june 2011

The conviction was quashed because the evidence of the child complainant was taken in breach of Section 127(2) of the Evidence Act, and the contradictions in the testimony of PW2 were unresolved, leaving no credible evidence to sustain the conviction.

Citation
emmanuel so migeshi badatu vs republic 2011 tzca 63 20 june 2011
Parties
Appellant: Emmanuel s/o Migeshi @ Badatu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 June 2011
Procedural Posture
Criminal Appeal / Second Appeal Before the Court of Appeal From the High Court's Dismissal of the First Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.
Legal Topics
Rape, Evidence of Child Witnesses, Contradictory Testimony, Voire Dire Examination, Section 127 Evidence Act
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Contradictory Testimony Voire Dire Examination Section 127 Evidence Act

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Parties

Emmanuel s/o Migeshi @ Badatu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before the Court of Appeal From the High Court's Dismissal of the First Appeal

Legal Issues

  1. 1 Whether the conviction for rape was sustainable given contradictions in witness testimony and improper voire dire examination of a child witness

Ratio Decidendi

The conviction was quashed because the evidence of the child complainant was taken in breach of Section 127(2) of the Evidence Act, and the contradictions in the testimony of PW2 were unresolved, leaving no credible evidence to sustain the conviction.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause.

Orders

  • Conviction quashed
  • Sentence set aside