republic vs waziri 2005 tzhc 74 30 december 2005

republic vs waziri 2005 tzhc 74 30 december 2005

The court found the evidence of the prosecution witnesses to be fabricated and not credible, and held that the Sexual Offences Special Provisions Act, No.4 of 1998, could not be applied retrospectively to acts committed before its enactment.

Source-derived case information.

Citation
republic vs waziri 2005 tzhc 74 30 december 2005
Parties
Appellant: Juto s/o Waziri; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 December 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Rape, Fabrication of Evidence, Consent, Retrospective Application of Law
Source Language
english
Criminal Law Rape Fabrication of Evidence Consent Retrospective Application of Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Juto s/o Waziri

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was supported by credible evidence
  2. 2 Whether the Sexual Offences Special Provisions Act, No.4 of 1998, applied retrospectively to acts before its enactment

Ratio Decidendi

The court found the evidence of the prosecution witnesses to be fabricated and not credible, and held that the Sexual Offences Special Provisions Act, No.4 of 1998, could not be applied retrospectively to acts committed before its enactment.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of 30 years imprisonment set aside