mussa daud vs republic 2023 tzca 17946 13 december 2023
The evidence of PW1, a child witness, was improperly received without a direct promise to tell the truth as required by section 127(2) of the Evidence Act; thus, it was expunged and the remaining evidence was hearsay, failing to prove the prosecution case beyond reasonable doubt.
- Citation
- mussa daud vs republic 2023 tzca 17946 13 december 2023
- Parties
- Appellant: Mussa Daud; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 December 2023
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Standard of Proof, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mussa Daud
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the evidence of a child witness was properly received under section 127(2) of the Evidence Act
- 2 Whether the prosecution proved the offence of rape beyond reasonable doubt
- 3 Whether the enhancement of sentence to life imprisonment was lawful
Ratio Decidendi
The evidence of PW1, a child witness, was improperly received without a direct promise to tell the truth as required by section 127(2) of the Evidence Act; thus, it was expunged and the remaining evidence was hearsay, failing to prove the prosecution case beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- life sentence set aside
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