ibrahim so sharifu vs republic 2019 tzhc 104 17 october 2019
The charge sheet was defective for failing to specify the time and unlawfulness of the alleged offence, and the prosecution failed to prove penetration and the age of the victim beyond reasonable doubt; conviction and sentence are nullified.
- Citation
- ibrahim so sharifu vs republic 2019 tzhc 104 17 october 2019
- Parties
- Appellant: Ibrahimu s/o Sharifu; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 October 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal granted
- Legal Topics
- Defective Charge Sheet, Proof Beyond Reasonable Doubt, Evaluation of Evidence, Statutory Rape, Age of Victim
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ibrahimu s/o Sharifu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the charge sheet was defective for failing to specify particulars including time and unlawfulness
- 2 Whether the prosecution proved the offence of rape beyond reasonable doubt
- 3 Whether the trial court properly evaluated the evidence including the defence
Ratio Decidendi
The charge sheet was defective for failing to specify the time and unlawfulness of the alleged offence, and the prosecution failed to prove penetration and the age of the victim beyond reasonable doubt; conviction and sentence are nullified.
Court Disposition
appeal granted
Orders
- conviction and sentence set aside
- appellant released forthwith unless held under lawful cause
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