jafari majani vs republic 2021 tzca 466 6 september 2021
PW2's evidence was received without the mandatory promise to tell the truth and not tell lies, violating section 127(2) of the Evidence Act; expunging this evidence left no proof of the offence, rendering the conviction unsustainable.
- Citation
- jafari majani vs republic 2021 tzca 466 6 september 2021
- Parties
- Appellant: Jafari Majani; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 September 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Grave Sexual Abuse, Child Witness Competency, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jafari Majani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of a child witness was properly received under section 127(2) of the Evidence Act
- 2 Whether the conviction was sustainable without the evidence of the victim
Ratio Decidendi
PW2's evidence was received without the mandatory promise to tell the truth and not tell lies, violating section 127(2) of the Evidence Act; expunging this evidence left no proof of the offence, rendering the conviction unsustainable.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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