lucas makinga maduhu vs republic 2012 tzca 99 1 june 2012
There was overwhelming evidence of rape including eyewitness testimony and the appellant's confession; penetration was established by the circumstances and medical evidence was not indispensable. The PF3 was expunged but did not affect the conviction. The age of the victim was sufficiently proved and unchallenged at trial.
- Citation
- lucas makinga maduhu vs republic 2012 tzca 99 1 june 2012
- Parties
- Appellant: Lucas Makinga @ Maduhu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 June 2012
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Procedure, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lucas Makinga @ Maduhu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether penetration, an ingredient of rape, was established
- 2 Whether the PF3 medical report was properly admitted in evidence
- 3 Whether the age of the victim was conclusively proved
Ratio Decidendi
There was overwhelming evidence of rape including eyewitness testimony and the appellant's confession; penetration was established by the circumstances and medical evidence was not indispensable. The PF3 was expunged but did not affect the conviction. The age of the victim was sufficiently proved and unchallenged at trial.
Court Disposition
appeal dismissed
Orders
- Appellant to continue serving life imprisonment sentence
Full Case Text
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