nsato maginga kengunya vs republic 2024 tzca 49 16 february 2024
The concurrent findings of the trial and first appellate courts that the appellant had sexual intercourse with the victim without her consent are supported by credible evidence of the victim, and the prosecution proved penetration beyond reasonable doubt. The appeal lacks merit and is dismissed.
- Citation
- nsato maginga kengunya vs republic 2024 tzca 49 16 february 2024
- Parties
- Appellant: Nsato Maginga @ Kengunya; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 February 2024
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nsato Maginga @ Kengunya
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the prosecution proved rape beyond reasonable doubt
- 2 Whether penetration was proved as an essential ingredient of rape
- 3 Whether the evidence of the victim required corroboration
Ratio Decidendi
The concurrent findings of the trial and first appellate courts that the appellant had sexual intercourse with the victim without her consent are supported by credible evidence of the victim, and the prosecution proved penetration beyond reasonable doubt. The appeal lacks merit and is dismissed.
Court Disposition
appeal dismissed
Orders
- Appellant to continue serving thirty-year prison sentence
- Compensation order of two million shillings to victim stands
Full Case Text
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