oroko wankuru mniko vs republic 2021 tzca 651 4 november 2021
The evidence of the victim was discounted due to non-compliance with section 127(2) of the Evidence Act, but the remaining evidence of PW2, PW3, PW4, PW5, and medical report was credible, corroborated, and sufficient to uphold conviction and sentence for rape.
Source-derived case information.
- Citation
- oroko wankuru mniko vs republic 2021 tzca 651 4 november 2021
- Parties
- Appellant: Oroko Wankuru @ Mniko; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Procedure, Appeals
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oroko Wankuru @ Mniko
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of the victim was properly admitted under section 127(2) of the Evidence Act
- 2 Whether the appellant was informed of his rights under section 240(3) of the Criminal Procedure Act
- 3 Whether conviction was based on credible and corroborated evidence
Ratio Decidendi
The evidence of the victim was discounted due to non-compliance with section 127(2) of the Evidence Act, but the remaining evidence of PW2, PW3, PW4, PW5, and medical report was credible, corroborated, and sufficient to uphold conviction and sentence for rape.
Court Disposition
appeal dismissed
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