20111128 TZCA Arusha7

20111128 TZCA Arusha7

The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act in admitting the evidence of child witnesses, and there was insufficient evidence to sustain the conviction for rape.

Citation
20111128 TZCA Arusha7
Parties
Appellant: Mashaka Dosa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 November 2011
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside
Legal Topics
Rape, Child Witness, Evidence Admissibility, Voir Dire Examination
Source Language
English
Criminal Law Rape Child Witness Evidence Admissibility Voir Dire Examination

Case Brief

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Parties

Mashaka Dosa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the trial court complied with section 127(2) of the Evidence Act in admitting the testimony of child witnesses
  2. 2 Whether there was sufficient evidence to sustain the conviction for rape

Ratio Decidendi

The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act in admitting the evidence of child witnesses, and there was insufficient evidence to sustain the conviction for rape.

Court Disposition

appeal allowed; conviction quashed; sentence set aside

Orders

  • Appellant to be released from prison forthwith unless otherwise lawfully held