khatibu kanga vs republic 2011 tzca 203 7 october 2011

The charge sheet for attempted rape was incurably defective for failing to disclose the ingredient of threatening, making the conviction unsustainable. The evidence proved the lesser offence of sexual harassment under Section 138D of the Penal Code.

Source-derived case information.

Citation: khatibu kanga vs republic 2011 tzca 203 7 october 2011
Parties: Appellant: Khatibu Kanga; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 October 2011
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: Conviction for attempted rape quashed; conviction for sexual harassment substituted; sentence reduced to result in immediate release.
Legal Topics: Attempted Rape, Sexual Harassment, Defective Charge, Credibility of Witnesses
Source Language: english

Criminal Law Attempted Rape Sexual Harassment Defective Charge Credibility of Witnesses

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Khatibu Kanga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether the charge sheet for attempted rape was proper and disclosed all ingredients of the offence
2 Whether the prosecution evidence proved the case beyond reasonable doubt
3 Whether evidence from family members is admissible and reliable

Ratio Decidendi

Court Disposition

Conviction for attempted rape quashed; conviction for sexual harassment substituted; sentence reduced to result in immediate release.

Orders

Conviction for attempted rape quashed
Sentence of 30 years imprisonment set aside

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