godfrey mkenge vs republic 2021 tzhc 2185 26 february 2021

godfrey mkenge vs republic 2021 tzhc 2185 26 february 2021

The prosecution failed to prove the offence of rape beyond reasonable doubt due to inconsistencies in the evidence regarding the duration of cohabitation, lack of proof of the victim's age, and absence of corroborative value in the appellant's alleged confession.

Citation
godfrey mkenge vs republic 2021 tzhc 2185 26 february 2021
Parties
Appellant: Godfrey s/o Mkenge; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Rape, Statutory Rape, Proof of Age, Standard of Proof, Evidence Evaluation
Source Language
English
Criminal Law Rape Statutory Rape Proof of Age Standard of Proof Evidence Evaluation

Case Brief

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Parties

Godfrey s/o Mkenge

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the essential ingredient of penetration was proved
  3. 3 Whether the age of the victim was proved

Ratio Decidendi

The prosecution failed to prove the offence of rape beyond reasonable doubt due to inconsistencies in the evidence regarding the duration of cohabitation, lack of proof of the victim's age, and absence of corroborative value in the appellant's alleged confession.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside