20120928 TZCA Arusha

20120928 TZCA Arusha

The conviction was unsafe because the evidence of the key witness (PW1) was improperly received in violation of section 128 of the Evidence Act, and the discrepancy in the identity of the complainant in the charge sheet and PF3 Form created reasonable doubt as to whether the prosecution had proved its case beyond reasonable doubt.

Citation
20120928 TZCA Arusha
Parties
Appellant: Faustin Francis Tarimo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2012
Procedural Posture
Criminal Appeal / Second Appeal Before Court of 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, Standard of Proof, Identification of Complainant
Source Language
English
Criminal Law Rape Evidence of Disabled Witnesses Interpretation of Evidence Standard of Proof Identification of Complainant

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Parties

Faustin Francis Tarimo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of 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 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) was improperly received in violation of section 128 of the Evidence Act, and the discrepancy in the identity of the complainant in the charge sheet and PF3 Form created reasonable doubt as to whether the prosecution had proved its case beyond reasonable doubt.

Court Disposition

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

Orders

  • Decision of the High Court quashed and set aside
  • Appellant to be released from prison unless held for another lawful cause