20151028 TZHC Mwanza
Evidence of complainant and corroboration by brother and uncle, along with victim's condition, was sufficient to prove rape. Medical evidence and investigator testimony were not mandatory. Witness relationship and absence of village leadership did not affect credibility.
- Citation
- 20151028 TZHC Mwanza
- Parties
- Appellant: Fhegota Samson @ Fieja; Respondent: The Republic; Respondent Advocate: M/S Ajuaye Bilishanga
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fhegota Samson @ Fieja
Appellant
The Republic
Respondent
M/S Ajuaye Bilishanga
Respondent Advocate
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether penetration was proved without medical evidence
- 2 Whether failure to call investigator and step mother affected identification
- 3 Whether witness relationship and absence of village leadership affected credibility
Ratio Decidendi
Evidence of complainant and corroboration by brother and uncle, along with victim's condition, was sufficient to prove rape. Medical evidence and investigator testimony were not mandatory. Witness relationship and absence of village leadership did not affect credibility.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
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