CRIMINAL APPEAL NO 667 OF 2022 NELSON JONAS VS THE REPUBLIC

CRIMINAL APPEAL NO 667 OF 2022 NELSON JONAS VS THE REPUBLIC

After expunging the evidence of the child witness (PW3) taken in contravention of section 127(2) of the Evidence Act, the remaining direct evidence from PW1 and medical evidence from PW2 sufficiently proved the offence of rape beyond reasonable doubt, but was insufficient to sustain conviction for unnatural offence.

Citation
CRIMINAL APPEAL NO 667 OF 2022 NELSON JONAS VS THE REPUBLIC
Parties
Appellant: Nelson Jonas; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Criminal Appeal / Judgment on Second Appeal
Outcome
appeal partly allowed
Legal Topics
Rape, Unnatural Offence, Evidence of Child Witnesses, Standards of Proof, Concurrent Findings, Credibility Assessment
Source Language
English
Criminal Law Rape Unnatural Offence Evidence of Child Witnesses Standards of Proof Concurrent Findings Credibility Assessment

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Parties

Nelson Jonas

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether conviction based on evidence of child witness taken in contravention of section 127(2) of the Evidence Act is valid
  2. 2 Whether remaining prosecution evidence after expunging child witness's testimony is sufficient to sustain conviction for rape and unnatural offence
  3. 3 Whether contradictions in prosecution evidence undermine proof beyond reasonable doubt

Ratio Decidendi

After expunging the evidence of the child witness (PW3) taken in contravention of section 127(2) of the Evidence Act, the remaining direct evidence from PW1 and medical evidence from PW2 sufficiently proved the offence of rape beyond reasonable doubt, but was insufficient to sustain conviction for unnatural offence.

Court Disposition

appeal partly allowed

Orders

  • Conviction and sentence for unnatural offence quashed and set aside
  • Conviction and sentence for rape (30 years imprisonment) sustained