mashaka busengwa vs republic 2022 tzhc 13361 30 september 2022

mashaka busengwa vs republic 2022 tzhc 13361 30 september 2022

The prosecution failed to prove the age of the victim by admissible evidence, which is a necessary element for statutory rape. There was also no scientific proof, such as DNA evidence, to establish that the appellant was responsible for impregnating the school girl. Therefore, the conviction and sentence could not stand.

Citation
mashaka busengwa vs republic 2022 tzhc 13361 30 september 2022
Parties
Appellant: Mashaka Busengwa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Rape, Statutory Rape, Impregnating a School Girl, Evidence, Proof of Age, DNA Evidence
Source Language
English
Criminal Law Rape Statutory Rape Impregnating a School Girl Evidence Proof of Age DNA Evidence

Case Brief

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Parties

Mashaka Busengwa

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved the age of the victim beyond reasonable doubt to sustain a conviction for statutory rape
  2. 2 Whether the prosecution proved beyond reasonable doubt that the appellant impregnated the school girl
  3. 3 Whether DNA evidence is required to prove responsibility for pregnancy in impregnating a school girl cases

Ratio Decidendi

The prosecution failed to prove the age of the victim by admissible evidence, which is a necessary element for statutory rape. There was also no scientific proof, such as DNA evidence, to establish that the appellant was responsible for impregnating the school girl. Therefore, the conviction and sentence could not stand.

Court Disposition

appeal allowed

Orders

  • judgment quashed
  • conviction and sentence set aside