emmanuel so samson vs the director of public prosecutions 2021 tzca 507 21 september 2021

emmanuel so samson vs the director of public prosecutions 2021 tzca 507 21 september 2021

The appeal was dismissed because the prosecution proved the offence of rape beyond reasonable doubt through credible and corroborated evidence of the victim and medical expert, the conviction was based on the strength of the prosecution case, and there was no legal or procedural error warranting interference with the concurrent findings of the lower courts.

Citation
emmanuel so samson vs the director of public prosecutions 2021 tzca 507 21 september 2021
Parties
Appellant: Emmanuel s/o Samson; Respondent: The Director of Public Prosecutions
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 September 2021
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Evidence, Appeals, Burden of Proof, Credibility of Witnesses
Source Language
English
Criminal Law Rape Sexual Offences Evidence Appeals Burden of Proof Credibility of Witnesses

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Parties

Emmanuel s/o Samson

Appellant

The Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the conviction was based on the strength of the prosecution case or the weakness of the defence
  3. 3 Whether the appellate court was required to cite the section of law upon which conviction was based

Ratio Decidendi

The appeal was dismissed because the prosecution proved the offence of rape beyond reasonable doubt through credible and corroborated evidence of the victim and medical expert, the conviction was based on the strength of the prosecution case, and there was no legal or procedural error warranting interference with the concurrent findings of the lower courts.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.