republic vs muhibu mohamed lihonge 2007 tzhc 246 10 august 2007

The accused cannot be convicted of incest under section 158 of the Penal Code because the relationship between the accused (paternal uncle) and the victim (niece) does not fall within the prohibited degrees specified by law. The prosecution failed to prove the charge of incest beyond reasonable doubt.

Citation: republic vs muhibu mohamed lihonge 2007 tzhc 246 10 august 2007
Parties: Prosecution: The Republic; Accused: Muhibu Mohamed @ Lihonge
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 August 2007
Procedural Posture: Criminal Session Case / Judgement
Outcome: Acquittal
Legal Topics: Incest, Rape, Burden of Proof, Consanguinity, Cognate Offences
Source Language: English

Criminal Law Incest Rape Burden of Proof Consanguinity Cognate Offences

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Parties

The Republic

Prosecution

Muhibu Mohamed @ Lihonge

Accused

Procedural Posture

Criminal Session Case / Judgement

Legal Issues

1 Whether the accused committed the offence of incest as charged
2 Whether the relationship between the accused and the victim falls within the prohibited degrees under section 158 of the Penal Code
3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

Court Disposition

Acquittal

Orders

The accused is found not guilty of incest and is acquitted.
The accused is to be released and set free forthwith unless otherwise lawfully held.