jovin daud vs republic 2024 tzca 97 23 february 2024
Material contradictions between the testimonies of key prosecution witnesses and failure to call a crucial witness created reasonable doubt, which must be resolved in favour of the appellant. The prosecution did not prove the case beyond reasonable doubt.
- Citation
- jovin daud vs republic 2024 tzca 97 23 february 2024
- Parties
- Appellant: Jovin Daud; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2024
- Procedural Posture
- Criminal Appeal / Judgment on Second Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Rape, Standard of Proof, Procedural Irregularities, Evaluation of Evidence, Right to Fair Trial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jovin Daud
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Second Appeal
Legal Issues
- 1 Whether non-compliance with section 192(3) of the Criminal Procedure Act vitiated the trial
- 2 Whether the appellant's defence was considered
- 3 Whether discrepancies in prosecution evidence created reasonable doubt
Ratio Decidendi
Material contradictions between the testimonies of key prosecution witnesses and failure to call a crucial witness created reasonable doubt, which must be resolved in favour of the appellant. The prosecution did not prove the case beyond reasonable doubt.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- Sentence set aside
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