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The trial court failed to comply with the mandatory requirements of section 127(2) of the Evidence Act in recording the evidence of the child victim, rendering her evidence inadmissible and leaving the prosecution case unproven beyond reasonable doubt.
- Citation
- image4910
- Parties
- Appellant: Idd Hamza; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2029
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Procedure in Criminal Trials
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Idd Hamza
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court complied with section 127(2) of the Evidence Act regarding the evidence of a child witness
- 2 Whether the conviction and sentence were proper in absence of proper evidence from the child victim
Ratio Decidendi
The trial court failed to comply with the mandatory requirements of section 127(2) of the Evidence Act in recording the evidence of the child victim, rendering her evidence inadmissible and leaving the prosecution case unproven beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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