20110407 TZCA Tanga
The convictions could not be sustained due to insufficient evidence of visual identification and lack of specific proof of penetration as required by law.
- Citation
- 20110407 TZCA Tanga
- Parties
- Appellant: Mohamed Juma; Appellant: Bakari Rajabu; Appellant: Rashidi Luambo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 April 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Unnatural Offence, Grievous Harm, Visual Identification, Proof of Penetration, Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mohamed Juma
Appellant
Bakari Rajabu
Appellant
Rashidi Luambo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the visual identification of the appellants was sufficient
- 2 Whether there was proof of penetration as required for rape and unnatural offence
Ratio Decidendi
The convictions could not be sustained due to insufficient evidence of visual identification and lack of specific proof of penetration as required by law.
Court Disposition
appeal allowed
Orders
- convictions quashed
- sentences set aside
Full Case Text
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