mhoja masunga vs republic 2021 tzhc 3484 21 may 2021
The trial court fatally erred by failing to properly admit the evidence of the child witness and by not reading documentary exhibits aloud, rendering the conviction and sentence unsustainable.
- Citation
- mhoja masunga vs republic 2021 tzhc 3484 21 may 2021
- Parties
- Appellant: Mhoja s/o Masunga; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 May 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Admissibility of Evidence, Documentary Evidence, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mhoja s/o Masunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence of a child of tender age was properly admitted under section 127(2) of the Evidence Act
- 2 Whether documentary exhibits not read aloud in court are admissible
- 3 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The trial court fatally erred by failing to properly admit the evidence of the child witness and by not reading documentary exhibits aloud, rendering the conviction and sentence unsustainable.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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