faustine francis tarimo vs republic 2012 tzca 92 1 october 2012

faustine francis tarimo vs republic 2012 tzca 92 1 october 2012

The conviction was unsafe because the evidence of the key witness (PW1), a deaf and dumb person, was improperly received in violation of section 128 of the Evidence Act, as the interpreter's competence was not established, the interpreter was not properly sworn, and the signs were not recorded. Additionally, the discrepancy in the names of the complainant in the charge sheet and the PF3 Form created reasonable doubt as to the identity of the victim, and the prosecution failed to prove its case beyond reasonable doubt.

Citation
faustine francis tarimo vs republic 2012 tzca 92 1 october 2012
Parties
Appellant: Faustin Francis Tarimo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 October 2012
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed; conviction and sentence quashed; appellant to be released unless lawfully held for another cause
Legal Topics
Rape, Evidence of Disabled Witnesses, Interpretation of Evidence, Identification of Complainant, Standard of Proof
Source Language
English
Criminal Law Evidence Law Rape Evidence of Disabled Witnesses Interpretation of Evidence Identification of Complainant Standard of Proof

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Parties

Faustin Francis Tarimo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the evidence of a deaf and dumb witness was properly received under section 128 of the Evidence Act
  2. 2 Whether the interpreter was properly sworn and competent in sign language
  3. 3 Whether the discrepancy in the names of the complainant in the charge sheet and PF3 Form undermined the prosecution case

Ratio Decidendi

The conviction was unsafe because the evidence of the key witness (PW1), a deaf and dumb person, was improperly received in violation of section 128 of the Evidence Act, as the interpreter's competence was not established, the interpreter was not properly sworn, and the signs were not recorded. Additionally, the discrepancy in the names of the complainant in the charge sheet and the PF3 Form created reasonable doubt as to the identity of the victim, and the prosecution failed to prove its case beyond reasonable doubt.

Court Disposition

appeal allowed; conviction and sentence quashed; appellant to be released unless lawfully held for another cause

Orders

  • The decision of the High Court is quashed and set aside.
  • The appellant is to be released from prison unless held on some other lawful cause.