hashimu ally makuwa vs republic 2008 tzhc 275 18 july 2008
The conviction for statutory rape was quashed because the prosecution failed to establish the age of the victim, and material inconsistencies in the prosecution evidence created reasonable doubt as to the appellant's guilt.
- Citation
- hashimu ally makuwa vs republic 2008 tzhc 275 18 july 2008
- Parties
- Appellant: Hashimu Ally Makuwa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 July 2008
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Conviction quashed, sentence set aside, appellant ordered released unless otherwise lawfully held.
- Legal Topics
- Statutory Rape, Impregnation of School Girl, Sentencing of Juveniles, Evidentiary Inconsistencies
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hashimu Ally Makuwa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was properly convicted of statutory rape given the evidence and age determination
- 2 Whether the offence of impregnating a school girl was proved
- 3 Whether inconsistencies in prosecution evidence created reasonable doubt
Ratio Decidendi
The conviction for statutory rape was quashed because the prosecution failed to establish the age of the victim, and material inconsistencies in the prosecution evidence created reasonable doubt as to the appellant's guilt.
Court Disposition
Conviction quashed, sentence set aside, appellant ordered released unless otherwise lawfully held.
Orders
- Conviction in respect of the first count quashed
- Sentence of 30 years set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment