fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023

fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023

The evidence of the child witness did not comply with section 127(2) of the Evidence Act as the promise was based on fear of sin rather than an informed promise not to tell lies; the trial court failed to consider the defence evidence, which is a fatal omission; the conviction cannot stand and the appellant must be...

Source-derived case information.

Citation
fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023
Parties
Appellant: Fadhili Hussein Mohamed; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2023
Procedural Posture
Criminal Appeal / Judgment on Second Appeal to High Court
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Children, Standard of Proof, Judgment Writing, Fair Trial
Source Language
english
Criminal Law Rape Evidence of Children Standard of Proof Judgment Writing Fair Trial

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Parties

Fadhili Hussein Mohamed

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second Appeal to High Court

Legal Issues

  1. 1 Whether the prosecution proved the case beyond reasonable doubt
  2. 2 Whether the trial court complied with section 127(2) of the Evidence Act regarding evidence of a child of tender age
  3. 3 Whether the trial court considered the defence case in its judgment

Ratio Decidendi

The evidence of the child witness did not comply with section 127(2) of the Evidence Act as the promise was based on fear of sin rather than an informed promise not to tell lies; the trial court failed to consider the defence evidence, which is a fatal omission; the conviction cannot stand and the appellant must be released.

Court Disposition

appeal allowed

Orders

  • The conviction is quashed and the sentence set aside.
  • The appellant Fadhili Hussein Mohamed is to be released from prison forthwith unless held for another lawful cause.