19701008 TZHC Dar es salaam3
The trial magistrate erred in finding the appellant guilty as there was no direct evidence linking him to the offence; circumstantial evidence was insufficient to support conviction.
Source-derived case information.
- Citation
- 19701008 TZHC Dar es salaam3
- Parties
- Appellant: John Guuu; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 October 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Sexual Offences, Circumstantial Evidence, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Guuu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction was based on sufficient evidence
- 2 Whether circumstantial evidence was adequate to link the appellant to the offence
Ratio Decidendi
The trial magistrate erred in finding the appellant guilty as there was no direct evidence linking him to the offence; circumstantial evidence was insufficient to support conviction.
Court Disposition
appeal allowed
Orders
- conviction set aside
- appellant acquitted
Full Case Text
Judgment text and source record
1 paragraphs
Criminal Fo No. 33 (ApprovW y the High Court • Judgment or Order on ApeaT (s. 320) under Section 352 of the Criminal Procedure Code). aryrejectioni31 7 T IN TIlE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION 477 70 amrm .x Arpni. No. ......... ............... or 19...... 209 70 Original Criminal Case No. .......................................... of 19......of rogw the District Court of .......................................... District at............................................................ ?.Z. Iyeie3.e before ............................. ...................... Esq., Resident Magistrate/District Magistrate. JOBN GUUU Appellant (Original Accused) versus THEREPUBLIC ................................ ........ . ................................................. Respondent . (Original Prosecutor) CHARGE: matuz3. Offenca 4(0 154 (i) ce the Penol COtl, Cap 16: Vol. 10 the 1*. -. ere to no dirftt eviLdence 1inIsin the appe3lant with the offeWS but tIiee are ciroowtona6bg Which led the loameit triol Mj.etxato to bolievo that the appeUant ha8 ctad.tt.d the otftnce. On clOie edn- attof the ftoot Maglatrate went wran€ in findixi the Eq)peU*flt guilty ae ieze io ev34e40e to chow tlmt the coLetnent a girl ages S Yen= 10 fotutt missing at hotie br her father, PW2, at about 9 p.ne in the utit. The father cot out to lo*k for hero He trzlooa her noaz' the løOl ehop bolonCtoG to BMMWI ltoe, i3e M e waa then tw4ng exd b1oecIrg from her nOoc cnO. tteok, She reported that the eppeUtt hcA counitted %m,rnturel offence ujxni her. A lttt1 while before te inWOnt the oppè]i.ant cao to the Chop of ornmuol to buy baUoo for &3, i/vs. Ue w g.vefl choxo for a MIS . i Koto. When ho bou.)it the belloofle the girl otoo8 2 Pftcev bc-'Aud bin t nftev this the appellant cnd the eirl left togotber. * .* 0 P Dsm 10224I12-65160m/4iq It did not take long bof ore Regina d/oc12aoi, ?W4, wizo livs in the neighbour-hood of the shop heard a child crying neai' her house. She founa it was thic very girl. She found her holding her Mderwwears and sotm later 9he øaw her father who ran looking for her, Bha.also notice that the girl was blobding from Je' nose and ueo1. In defence the appoliazfl denies the charge and claina that he has been framed up but he gives jo reason for this, lie was coon with the girl soon before she was (1st3aU1te. He WW by then bvy±ig balloons which children like for j1ayin with. In t1ee ireuiuetznoea the ioaied Ditxct Megiatra'te was eit-d to ccnclude that it was the appellant who took \ the girl out foi Poae of connitting the offence ohare as the time is so elose As to acntei? reason for interfcrefl4 as the appellant has a similar I dii1ttas the app' its anflrct. - y / DAfi .$ $AIAAM, Sgd. A, Saidi 8th October, 1970.