Ndeki Joseph

Ndeki Joseph

All grounds of appeal are dismissed; omission to cite punishment provision is not fatal, section 127(2) Evidence Act was complied with, victim's age was proved by competent witnesses and documentary evidence, no contradictions found in prosecution evidence, and all elements of statutory rape were proved beyond reasonable doubt.

Citation
Ndeki Joseph
Parties
Appellant: Ndeki Joseph; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
28 July 2021
Procedural Posture
Criminal Appeal / Second Appeal, Court of Appeal
Outcome
appeal dismissed
Legal Topics
Statutory Rape, Defective Charge, Proof of Age, Child Witness, Evidence Contradictions
Source Language
English
Criminal Law Statutory Rape Defective Charge Proof of Age Child Witness Evidence Contradictions

Case Brief

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Parties

Ndeki Joseph

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Court of Appeal

Legal Issues

  1. 1 Whether omission to cite punishment provision in charge sheet renders charge defective
  2. 2 Whether section 127(2) of Evidence Act was violated in recording child witness evidence
  3. 3 Whether age of victim was proved to justify life imprisonment

Ratio Decidendi

All grounds of appeal are dismissed; omission to cite punishment provision is not fatal, section 127(2) Evidence Act was complied with, victim's age was proved by competent witnesses and documentary evidence, no contradictions found in prosecution evidence, and all elements of statutory rape were proved beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of life imprisonment upheld