mohamed rajabu vs republic 2009 tzhc 285 27 february 2009

mohamed rajabu vs republic 2009 tzhc 285 27 february 2009

The evidence of the child, though received without voire dire, was corroborated by her mother, and the omission to summon the medical officer or inform the accused of his right did not occasion a failure of justice as the evidence was watertight. The trial court's judgment met all legal requirements.

Citation
mohamed rajabu vs republic 2009 tzhc 285 27 february 2009
Parties
Appellant: Mohamed Rajabu; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence of Child Witnesses, Corroboration, Admissibility of Medical Evidence, Judgment Requirements
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Corroboration Admissibility of Medical Evidence Judgment Requirements

Case Brief

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Parties

Mohamed Rajabu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether conviction based on evidence of a child of tender years without conducting voire dire is valid
  2. 2 Whether admission of PF3 without calling the medical officer and without informing the accused of his right to cross-examine was proper
  3. 3 Whether the trial court's judgment met legal requirements

Ratio Decidendi

The evidence of the child, though received without voire dire, was corroborated by her mother, and the omission to summon the medical officer or inform the accused of his right did not occasion a failure of justice as the evidence was watertight. The trial court's judgment met all legal requirements.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Conviction and sentence of 30 years imprisonment upheld