19780401 TZHC Tabora
The appellant did not take the girl out of her parents' possession for more than a temporary, morally reprehensible purpose; thus, the essential ingredient of abduction was not met.
- Citation
- 19780401 TZHC Tabora
- Parties
- Appellant: Modestus Izibisa; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 April 1978
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Abduction, Sexual Offences, Custody of Minors
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Modestus Izibisa
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant's conduct amounted to abduction under section 134 of the Penal Code
Ratio Decidendi
The appellant did not take the girl out of her parents' possession for more than a temporary, morally reprehensible purpose; thus, the essential ingredient of abduction was not met.
Court Disposition
appeal allowed
Orders
- conviction set aside
- sentence set aside
Full Case Text
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