meshack redson mwasimba vs dpp 2020 tzca 1842 19 june 2020

meshack redson mwasimba vs dpp 2020 tzca 1842 19 june 2020

The conviction for rape was properly grounded on the credible evidence of the victim (PW1), corroborated by the cautioned statement (exhibit P2) and supporting witnesses. There is no legal requirement that evidence of relatives be discounted or that medical evidence of bruises/semen is necessary to prove rape;...

Source-derived case information.

Citation
meshack redson mwasimba vs dpp 2020 tzca 1842 19 june 2020
Parties
Appellant: Meshack Redson Mwasimba @ Mwazembe; Respondent: Director of Public Prosecutions (D.P.P.)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 June 2020
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Criminal Procedure, Appeals
Source Language
english
Criminal Law Rape Evidence Criminal Procedure Appeals

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Parties

Meshack Redson Mwasimba @ Mwazembe

Appellant

Director of Public Prosecutions (D.P.P.)

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the conviction for rape was properly grounded on the evidence of relatives (PW1 and PW2)
  2. 2 Whether the cautioned statement was properly admitted and relied upon
  3. 3 Whether the extra judicial statement was properly admitted and relied upon

Ratio Decidendi

The conviction for rape was properly grounded on the credible evidence of the victim (PW1), corroborated by the cautioned statement (exhibit P2) and supporting witnesses. There is no legal requirement that evidence of relatives be discounted or that medical evidence of bruises/semen is necessary to prove rape; penetration as testified by the victim and corroborated by the accused's confession suffices. The extra judicial statement was disregarded as it was not read in court. The prosecution proved the case beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed for lack of merit.
  • Conviction and sentence of thirty years' imprisonment upheld.