107
The prosecution failed to prove its case beyond reasonable doubt due to material variance between the charge sheet and witness testimony regarding the date of the alleged offence.
- Citation
- 107
- Parties
- Appellant: Julius John; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 6 January 2025
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Burden of Proof, Evidence Variance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Julius John
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether conviction was based on contradictory and inadmissible evidence
- 2 Whether prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove its case beyond reasonable doubt due to material variance between the charge sheet and witness testimony regarding the date of the alleged offence.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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