20111122 TZCA Arusha
The prosecution failed to prove the offence of rape beyond reasonable doubt as there was no evidence of penetration from the victim and the medical report was improperly admitted and expunged from the record.
- Citation
- 20111122 TZCA Arusha
- Parties
- Appellant: Melkior Peter; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 November 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Parties
Melkior Peter
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the offence of rape was proved beyond reasonable doubt
- 2 Whether the medical report (PF3) was properly admitted in evidence
Ratio Decidendi
The prosecution failed to prove the offence of rape beyond reasonable doubt as there was no evidence of penetration from the victim and the medical report was improperly admitted and expunged from the record.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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