haji shabani said v the republic 2023 tzhc 19337 27 july 2023
The evidence of the victim, a child of tender age, was recorded contrary to section 127(2) of the Evidence Act and relevant case law, rendering it inadmissible and valueless; the remaining evidence was hearsay or did not establish the identity of the assailant; thus, the prosecution failed to prove the case beyond reasonable doubt.
- Citation
- haji shabani said v the republic 2023 tzhc 19337 27 july 2023
- Parties
- Appellant: Haji Shabani @ Said; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 July 2023
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Haji Shabani @ Said
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the prosecution proved the case of rape against the appellant beyond reasonable doubt
- 2 Whether the evidence of the child victim was properly admitted and considered according to law
- 3 Whether the appellant's defence was considered by the trial court
Ratio Decidendi
The evidence of the victim, a child of tender age, was recorded contrary to section 127(2) of the Evidence Act and relevant case law, rendering it inadmissible and valueless; the remaining evidence was hearsay or did not establish the identity of the assailant; thus, the prosecution failed to prove the case beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- Conviction quashed
- Sentence of thirty years set aside
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