khamis abdrahakim vs republic 2019 tzca 113 14 may 2019

The successor magistrate properly exercised discretion under section 214(1) of the Criminal Procedure Act, and the evidence of PW1, PW2, and PW3, corroborated by medical report, proved the offence of rape beyond reasonable doubt. The sentence of life imprisonment is mandatory for rape of a girl under ten years under section 131(3) of the Penal Code.

Citation: khamis abdrahakim vs republic 2019 tzca 113 14 may 2019
Parties: Appellant: Khamis Abdrahakim; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 May 2019
Procedural Posture: Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome: Appeal dismissed
Legal Topics: Rape, Sentencing, Credibility of Witnesses, Procedure on Successor Magistrate, Standard of Proof
Source Language: English

Criminal Law Rape Sentencing Credibility of Witnesses Procedure on Successor Magistrate Standard of Proof

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Parties

Khamis Abdrahakim

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

1 Whether the successor magistrate complied with section 214 of the Criminal Procedure Act
2 Whether the prosecution proved the case of rape against the appellant beyond reasonable doubt
3 Whether the sentence of life imprisonment was proper

Ratio Decidendi

Court Disposition

Appeal dismissed