khamis samwel vs republic 2011 tzca 70 28 november 2011
The evidence of the child witness (PW3) was improperly admitted and expunged, but the conviction was sustained based on the credible and corroborated testimonies of PW1 and PW2, who witnessed the appellant in the act, thus proving the offence beyond reasonable doubt.
- Citation
- khamis samwel vs republic 2011 tzca 70 28 november 2011
- Parties
- Appellant: Khamis Samwel; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 November 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Child Witness, Standard of Proof, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Khamis Samwel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the prosecution proved the case beyond reasonable doubt
- 2 Whether the credibility of prosecution witnesses was affected by their relationship
- 3 Whether the evidence of the child witness (PW3) was properly admitted under section 127(2) of the Evidence Act
Ratio Decidendi
The evidence of the child witness (PW3) was improperly admitted and expunged, but the conviction was sustained based on the credible and corroborated testimonies of PW1 and PW2, who witnessed the appellant in the act, thus proving the offence beyond reasonable doubt.
Court Disposition
appeal dismissed
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