CRIMINAL APPEAL NO 2 OF 2021 HAMIS MAHENDI VS REPUBLIC

CRIMINAL APPEAL NO 2 OF 2021 HAMIS MAHENDI VS REPUBLIC

The prosecution failed to prove beyond reasonable doubt that the victim was a school girl at the material time and that the appellant raped and impregnated her, due to lack of credible and corroborated evidence, failure to call material witnesses, and inconsistencies in the victim's testimony.

Citation
CRIMINAL APPEAL NO 2 OF 2021 HAMIS MAHENDI VS REPUBLIC
Parties
Appellant: Hamis Mahendi; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant ordered to be released unless held for other lawful cause
Legal Topics
Rape, Impregnation of School Girl, Standard of Proof, Credibility of Witnesses, Burden of Proof, Adverse Inference
Source Language
English
Criminal Law Rape Impregnation of School Girl Standard of Proof Credibility of Witnesses Burden of Proof Adverse Inference

Case Brief

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Parties

Hamis Mahendi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the victim was a school girl at the material time and was raped and impregnated by the appellant
  2. 2 Whether the evidence of the prosecution witnesses was credible and sufficient to sustain a conviction

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the victim was a school girl at the material time and that the appellant raped and impregnated her, due to lack of credible and corroborated evidence, failure to call material witnesses, and inconsistencies in the victim's testimony.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant ordered to be released unless held for other lawful cause

Orders

  • Conviction quashed
  • Sentence set aside