juma rajab vs republic 2021 tzhc 9425 22 december 2021
Failure to comply with section 127(2) of the Evidence Act rendered the evidence of the child witness inadmissible, leaving insufficient evidence to sustain the conviction.
- Citation
- juma rajab vs republic 2021 tzhc 9425 22 december 2021
- Parties
- Appellant: Juma Rajabu; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 December 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedural Irregularity, Child Witness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Juma Rajabu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for rape was sustainable given procedural irregularity in admitting evidence of a child witness
Ratio Decidendi
Failure to comply with section 127(2) of the Evidence Act rendered the evidence of the child witness inadmissible, leaving insufficient evidence to sustain the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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