hashimu khalid vs republic 2013 tzca 306 20 june 2013
The prosecution failed to lead clear, comprehensive, and conclusive evidence of penetration, an essential ingredient of rape; therefore, the conviction cannot stand.
- Citation
- hashimu khalid vs republic 2013 tzca 306 20 june 2013
- Parties
- Appellant: Hashimu Khalid; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2013
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Hashimu Khalid
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 whether the prosecution proved penetration beyond reasonable doubt
- 2 whether the conviction for rape was properly grounded
Ratio Decidendi
The prosecution failed to lead clear, comprehensive, and conclusive evidence of penetration, an essential ingredient of rape; therefore, the conviction cannot stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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