MUSA LIFA

MUSA LIFA

Victim's age was not strictly established as required by law; therefore, statutory rape offence not proved beyond reasonable doubt.

Citation
MUSA LIFA
Parties
Appellant: Musa s/o Lifa; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 August 2024
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Statutory Rape, Burden of Proof, Standard of Proof, Competence of Expert Witness, Protection of Victim Identity
Source Language
English
Criminal Law Statutory Rape Burden of Proof Standard of Proof Competence of Expert Witness Protection of Victim Identity

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Parties

Musa s/o Lifa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 whether prosecution proved rape beyond reasonable doubt
  2. 2 whether victim's age was legally established
  3. 3 whether clinical officer was competent expert witness

Ratio Decidendi

Victim's age was not strictly established as required by law; therefore, statutory rape offence not proved beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of thirty years imprisonment set aside