kulwa ramadhani vs the republic 2023 tzhc 18752 5 july 2023
The trial court's failure to ascertain and record the competence and promise of the child witness under section 127(2) of the Evidence Act rendered her evidence inadmissible, and without her testimony, the prosecution failed to prove the charge beyond reasonable doubt.
- Citation
- kulwa ramadhani vs the republic 2023 tzhc 18752 5 july 2023
- Parties
- Appellant: Kulwa Ramadhani; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 July 2023
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Evidence Admissibility, Competence of Witness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kulwa Ramadhani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court erred in law by allowing a child of tender age to testify under oath without testing her competence and knowledge of the nature of an oath
- 2 Whether the conviction for rape was proved beyond reasonable doubt
Ratio Decidendi
The trial court's failure to ascertain and record the competence and promise of the child witness under section 127(2) of the Evidence Act rendered her evidence inadmissible, and without her testimony, the prosecution failed to prove the charge beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
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