20111102 TZHC Mbeya

20111102 TZHC Mbeya

The cautioned statement did not amount to a confession of rape but was properly admitted; the complainant's evidence, though uncorroborated, was credible and sufficient to sustain conviction under section 127(7) of the Evidence Act.

Citation
20111102 TZHC Mbeya
Parties
Appellant: Josephat Shongo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Confession, Corroboration, Sexual Offences
Source Language
English

Case Brief

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Parties

Josephat Shongo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the cautioned statement was properly admitted and constituted a confession
  2. 2 Whether conviction could be sustained on uncorroborated evidence of the complainant

Ratio Decidendi

The cautioned statement did not amount to a confession of rape but was properly admitted; the complainant's evidence, though uncorroborated, was credible and sufficient to sustain conviction under section 127(7) of the Evidence Act.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of 30 years' imprisonment upheld
  • order for 12 strokes of the cane upheld