malik george ngendakumana vs republic 2015 tzca 295 24 february 2015
The prosecution failed to provide undoubted evidence of identification of the appellant as the perpetrator; therefore, the conviction cannot stand.
- Citation
- malik george ngendakumana vs republic 2015 tzca 295 24 february 2015
- Parties
- Appellant: Malik George Ngendakumana; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2015
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Identification, Evidence, Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Malik George Ngendakumana
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the appellant was properly identified as the perpetrator of rape
- 2 Whether the prosecution proved beyond reasonable doubt that the appellant committed the offence
Ratio Decidendi
The prosecution failed to provide undoubted evidence of identification of the appellant as the perpetrator; therefore, the conviction cannot stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
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