20090519 TZHC Dodoma
The conviction was quashed because the trial court failed to conduct a voire dire examination for the child witness and did not record reasons for believing her evidence, and the PF3 medical report was improperly admitted without calling the doctor or informing the accused of his rights, resulting in no admissible evidence to sustain the conviction.
- Citation
- 20090519 TZHC Dodoma
- Parties
- Appellant: Khalidi Jumapili; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 May 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Procedural Irregularity, Compensation, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Khalidi Jumapili
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction for rape was sustainable given the failure to conduct voire dire examination for a child witness and the improper admission of medical evidence
- 2 Whether the appellant was denied the right to call witnesses
Ratio Decidendi
The conviction was quashed because the trial court failed to conduct a voire dire examination for the child witness and did not record reasons for believing her evidence, and the PF3 medical report was improperly admitted without calling the doctor or informing the accused of his rights, resulting in no admissible evidence to sustain the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
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