20160218 TZHC Mbeya

20160218 TZHC Mbeya

The prosecution proved the offence of rape and impregnating a school girl beyond reasonable doubt based on credible testimony of the victim and supporting evidence; the appeal lacks merit and is dismissed.

Citation
20160218 TZHC Mbeya
Parties
Appellant: Mustapha s/o Khamis; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Impregnation of School Girl, Evidence, Standard of Proof
Source Language
English
Criminal Law Rape Impregnation of School Girl Evidence Standard of Proof

Case Brief

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Parties

Mustapha s/o Khamis

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 whether the prosecution proved rape beyond reasonable doubt
  2. 2 whether the evidence of the victim was credible
  3. 3 whether the conviction and sentence were justified

Ratio Decidendi

The prosecution proved the offence of rape and impregnating a school girl beyond reasonable doubt based on credible testimony of the victim and supporting evidence; the appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed in its entirety
  • right of appeal explained