kadushi edward vs republic 2020 tzhc 4509 17 december 2020

kadushi edward vs republic 2020 tzhc 4509 17 december 2020

Despite the expunging of the PF3 and extra-judicial statement for not being read out after admission, the remaining oral evidence of the victim and other prosecution witnesses was credible, consistent, and sufficient to prove the offence of rape beyond reasonable doubt. The relationship between the accused and victim did not fall within the statutory definition of incest under section 158(1) of the Penal Code, as first cousins are not included.

Citation
kadushi edward vs republic 2020 tzhc 4509 17 december 2020
Parties
Appellant: Kadushi Edward; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the Resident Magistrate's Court
Outcome
Appeal dismissed
Legal Topics
Rape, Evidence, Appeals, Incest
Source Language
English
Criminal Law Rape Evidence Appeals Incest

Case Brief

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Parties

Kadushi Edward

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the Resident Magistrate's Court

Legal Issues

  1. 1 Whether the prosecution proved the case beyond reasonable doubt
  2. 2 Whether the PF3 and extra-judicial statement were properly admitted and read out in court
  3. 3 Whether the charge should have been incest instead of rape

Ratio Decidendi

Despite the expunging of the PF3 and extra-judicial statement for not being read out after admission, the remaining oral evidence of the victim and other prosecution witnesses was credible, consistent, and sufficient to prove the offence of rape beyond reasonable doubt. The relationship between the accused and victim did not fall within the statutory definition of incest under section 158(1) of the Penal Code, as first cousins are not included.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of thirty years' imprisonment upheld
  • Right of appeal explained to the appellant