20111128 TZCA Arusha3

20111128 TZCA Arusha3

The conviction was quashed because the trial court failed to comply with the mandatory requirements of section 127(2) of the Evidence Act in admitting the evidence of child witnesses, and without their evidence, there was insufficient proof of the offence of rape.

Citation
20111128 TZCA Arusha3
Parties
Appellant: Mashaka Dosa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2011
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; conviction and sentence quashed; appellant to be released unless otherwise lawfully held.
Legal Topics
Rape, Child Witness, Competence of Witness, Voir Dire, Standard of Proof
Source Language
English
Criminal Law Evidence Law Rape Child Witness Competence of Witness Voir Dire Standard of Proof

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Parties

Mashaka Dosa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial court properly admitted the evidence of child witnesses without complying with section 127(2) of the Evidence Act
  2. 2 Whether the conviction for rape was sustainable in the absence of properly admitted evidence from the victim and corroborating witnesses

Ratio Decidendi

The conviction was quashed because the trial court failed to comply with the mandatory requirements of section 127(2) of the Evidence Act in admitting the evidence of child witnesses, and without their evidence, there was insufficient proof of the offence of rape.

Court Disposition

Appeal allowed; conviction and sentence quashed; appellant to be released unless otherwise lawfully held.

Orders

  • Conviction quashed
  • Sentence set aside