makoye ndaki vs republic 2022 tzhc 14703 18 november 2022

makoye ndaki vs republic 2022 tzhc 14703 18 november 2022

The prosecution failed to prove the age of the victim beyond reasonable doubt due to contradictory evidence, and the unchallenged defence evidence established a traditional marriage arrangement, raising reasonable doubt as to the commission of the offence of rape.

Citation
makoye ndaki vs republic 2022 tzhc 14703 18 november 2022
Parties
Appellant: Makoye s/o Ndaki; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 November 2022
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Proof of Age, Traditional Marriage, Standard of Proof, Contradictory Evidence
Source Language
English
Criminal Law Rape Proof of Age Traditional Marriage Standard of Proof Contradictory Evidence

Case Brief

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Parties

Makoye s/o Ndaki

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the age of the victim was proved as required by law
  3. 3 Whether the existence of a traditional marriage and payment of dowry negates the offence of rape

Ratio Decidendi

The prosecution failed to prove the age of the victim beyond reasonable doubt due to contradictory evidence, and the unchallenged defence evidence established a traditional marriage arrangement, raising reasonable doubt as to the commission of the offence of rape.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside