kombo kimea vs republic 2011 tzca 73 6 april 2011
The evidence of the victim (PW1), corroborated by other witnesses (PW3 and PW4), was credible and sufficient to prove rape beyond reasonable doubt, and the absence of voire dire examination for PW2 did not affect the outcome.
- Citation
- kombo kimea vs republic 2011 tzca 73 6 april 2011
- Parties
- Appellant: Kombo Kimea; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 April 2011
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kombo Kimea
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the evidence was sufficient to sustain the conviction for rape
- 2 Whether the lack of voire dire examination and cross-examination of PW2 affected the conviction
- 3 Whether penetration was proved as required by law
Ratio Decidendi
The evidence of the victim (PW1), corroborated by other witnesses (PW3 and PW4), was credible and sufficient to prove rape beyond reasonable doubt, and the absence of voire dire examination for PW2 did not affect the outcome.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of thirty years' imprisonment upheld
- order for compensation of Shs. 200,000/= to the victim upheld
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