fuku lusamla vs republic 2015 tzca 117 4 december 2015

fuku lusamla vs republic 2015 tzca 117 4 december 2015

The unbroken chain of circumstantial evidence irresistibly pointed to the appellant as the perpetrator of the rape, and the absence of the victim's testimony due to tender age did not preclude conviction.

Source-derived case information.

Citation
fuku lusamla vs republic 2015 tzca 117 4 december 2015
Parties
Appellant: Fuku Lusamla; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 December 2015
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Circumstantial Evidence, Child Victim, Sentencing Enhancement
Source Language
english
Criminal Law Rape Circumstantial Evidence Child Victim Sentencing Enhancement

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Summary, issues, holding and outcome

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Parties

Fuku Lusamla

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the conviction for rape was supported by the evidence on record
  2. 2 Whether a charge of rape can be proved without the victim's testimony

Ratio Decidendi

The unbroken chain of circumstantial evidence irresistibly pointed to the appellant as the perpetrator of the rape, and the absence of the victim's testimony due to tender age did not preclude conviction.

Court Disposition

appeal dismissed

Orders

  • sentence of life imprisonment upheld