20190814 TZHC Dodoma

20190814 TZHC Dodoma

The prosecution failed to prove its case beyond reasonable doubt due to contradictions in evidence and lack of credible witness testimony.

Citation
20190814 TZHC Dodoma
Parties
Appellant: Juma Hamisi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 August 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Impregnation of School Girl, Evidence, Credibility of Witness, Burden of Proof
Source Language
English

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Parties

Juma Hamisi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the prosecution proved rape and impregnation of a school girl beyond reasonable doubt
  2. 2 Whether the victim was a credible witness

Ratio Decidendi

The prosecution failed to prove its case beyond reasonable doubt due to contradictions in evidence and lack of credible witness testimony.

Court Disposition

appeal allowed

Orders

  • conviction and sentences quashed and set aside
  • appellant to be released from prison forthwith unless held for another lawful cause