20140625 TZCA Tabora1
Failure to prove the victim's age and variance between charge sheet and testimony rendered the charge defective and prosecution case not proved beyond reasonable doubt.
- Citation
- 20140625 TZCA Tabora1
- Parties
- Appellant: Mashala s/o Njile; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 June 2014
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Proof of Age, Defective Charge
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Parties
Mashala s/o Njile
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the prosecution proved the age of the victim beyond reasonable doubt
- 2 Whether variance in the victim's age between charge sheet and testimony renders the charge defective
Ratio Decidendi
Failure to prove the victim's age and variance between charge sheet and testimony rendered the charge defective and prosecution case not proved beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment