20051230 TZHC Dr es Salaam
The conviction was quashed because the court found the evidence of the key prosecution witnesses to be fabricated and not credible, and the relevant statute did not apply retrospectively to acts before its enactment.
- Citation
- 20051230 TZHC Dr es Salaam
- 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, Sexual Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Juto s/o Waziri
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for rape was supported by credible evidence
- 2 Whether the evidence of key prosecution witnesses was fabricated
- 3 Whether the Sexual Offences Special Provisions Act No.4 of 1998 applied to acts before its enactment
Ratio Decidendi
The conviction was quashed because the court found the evidence of the key prosecution witnesses to be fabricated and not credible, and the relevant statute did not apply retrospectively to acts before its enactment.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of 30 years imprisonment set aside
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