frank deule damas vs republic 2020 tzca 1727 18 august 2020
The conviction was sustained on the credible and corroborated evidence of the victim, PW2, and PW3, and the prosecution proved the charge beyond reasonable doubt. The lack of time in the charge sheet and the expunging of PF3 did not affect the outcome.
- Citation
- frank deule damas vs republic 2020 tzca 1727 18 august 2020
- Parties
- Appellant: Frank Deule @ Dam As; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 August 2020
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Credibility of Witnesses, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Frank Deule @ Dam As
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant was properly identified at the scene of crime
- 2 Whether the charge sheet and prosecution evidence lacked the proper name and time of the victim
- 3 Whether the conviction was sustained on unreliable evidence
Ratio Decidendi
The conviction was sustained on the credible and corroborated evidence of the victim, PW2, and PW3, and the prosecution proved the charge beyond reasonable doubt. The lack of time in the charge sheet and the expunging of PF3 did not affect the outcome.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety.
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