omary kijuu vs republic 2007 tzca 9 22 june 2007

omary kijuu vs republic 2007 tzca 9 22 june 2007

The evidence of PW1, corroborated by medical findings and the circumstances, established penetration and the identity of the appellant beyond reasonable doubt. The law allows conviction on the uncorroborated evidence of a child of tender years if the court is satisfied of her truthfulness. The appellant's disappearance after the event was inconsistent with innocence. The conviction and sentence were upheld.

Citation
omary kijuu vs republic 2007 tzca 9 22 june 2007
Parties
Appellant: Omary Kijuu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 June 2007
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal of Tanzania)
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Sexual Offences, Child Witness, Corroboration, Identification
Source Language
English
Criminal Law Rape Evidence Sexual Offences Child Witness Corroboration Identification

Case Brief

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Parties

Omary Kijuu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal of Tanzania)

Legal Issues

  1. 1 Whether the evidence established the offence of rape beyond reasonable doubt
  2. 2 Whether corroboration of the victim's evidence was required for conviction
  3. 3 Whether the identification of the appellant was proper

Ratio Decidendi

The evidence of PW1, corroborated by medical findings and the circumstances, established penetration and the identity of the appellant beyond reasonable doubt. The law allows conviction on the uncorroborated evidence of a child of tender years if the court is satisfied of her truthfulness. The appellant's disappearance after the event was inconsistent with innocence. The conviction and sentence were upheld.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of 30 years imprisonment and 4 strokes of the cane upheld
  • compensation of TZS 50,000 to PW1 maintained