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
Case Brief
Summary, issues, holding and outcome
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Parties
Juma Hamisi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved rape and impregnation of a school girl beyond reasonable doubt
- 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
Full Case Text
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