jafeth manyasi manyonyi vs republic 2023 tzca 17812 9 november 2023

jafeth manyasi manyonyi vs republic 2023 tzca 17812 9 november 2023

The prosecution failed to prove the charge due to inconsistencies in the evidence regarding the date of the offence, improper admission of the child witness's testimony, and failure to properly admit documentary evidence.

Citation
jafeth manyasi manyonyi vs republic 2023 tzca 17812 9 november 2023
Parties
Appellant: Jafeth Manyasi @ Manyonyi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 November 2023
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Rape, Evidence, Procedure, Child Witness, Document Admission
Source Language
English

Case Brief

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Parties

Jafeth Manyasi @ Manyonyi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

  1. 1 Whether the evidence tendered at trial was at variance with the charge
  2. 2 Whether the evidence of PW1 should be expunged for lack of proper promise to tell the truth
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove the charge due to inconsistencies in the evidence regarding the date of the offence, improper admission of the child witness's testimony, and failure to properly admit documentary evidence.

Court Disposition

appeal allowed

Orders

  • appellant released from prison and set at liberty unless held for other lawful cause