20190814 TZHC Dodoma2
Failure to comply with section 127(2) of the Evidence Act rendered the child victim's evidence inadmissible, leaving the prosecution case unproven beyond reasonable doubt. Retrial was not appropriate as the prosecution's case was insufficient.
- Citation
- 20190814 TZHC Dodoma2
- Parties
- Appellant: Jumanne Shabani @ Mwang'imba; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 August 2019
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Standard of Proof, Retrial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jumanne Shabani @ Mwang'imba
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court erred by relying on evidence of a child witness without compliance with section 127(2) of the Evidence Act
- 2 Whether the prosecution proved the case beyond reasonable doubt
- 3 Whether a retrial should be ordered
Ratio Decidendi
Failure to comply with section 127(2) of the Evidence Act rendered the child victim's evidence inadmissible, leaving the prosecution case unproven beyond reasonable doubt. Retrial was not appropriate as the prosecution's case was insufficient.
Court Disposition
appeal allowed
Orders
- Conviction quashed
- Sentence of life imprisonment set aside
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