19990520 TZHC Mtwara

19990520 TZHC Mtwara

The court found that the conditions at the material time were not favourable for proper identification of the accused by PW1 and PW2, and the evidence was not watertight. The accused's alibi was accepted, and he was found not guilty.

Citation
19990520 TZHC Mtwara
Parties
Prosecution: The Republic; Accused: Rashidi Fikiri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 May 1999
Procedural Posture
Criminal Session Case / Judgment
Outcome
Acquittal
Legal Topics
Murder, Identification, Alibi
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Rashidi Fikiri

Accused

Procedural Posture

Criminal Session Case / Judgment

  1. 1 Whether the accused participated in causing the death of the deceased with malice aforethought
  2. 2 Whether the accused was properly identified at the scene of crime

Ratio Decidendi

The court found that the conditions at the material time were not favourable for proper identification of the accused by PW1 and PW2, and the evidence was not watertight. The accused's alibi was accepted, and he was found not guilty.

Court Disposition

Acquittal

Orders

  • The accused Rashidi Fikiri is found not guilty as charged and is acquitted.