paschal aplonal vs republic 2019 tzca 617 28 october 2019
The conviction for rape was upheld as the victim's credible evidence, corroborated by other witnesses, proved the charge beyond reasonable doubt; failure to cross-examine prosecution witnesses amounted to admission; absence of specific dates did not invalidate the conviction; new grounds not raised before the High Court cannot be considered.
- Citation
- paschal aplonal vs republic 2019 tzca 617 28 october 2019
- Parties
- Appellant: Paschal Aplonal; Respondent: Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Appellate Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paschal Aplonal
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the charge of rape was proved beyond reasonable doubt
- 2 Whether failure to cross-examine prosecution witnesses amounted to admission
- 3 Whether absence of specific dates of sexual intercourse invalidated the conviction
Ratio Decidendi
The conviction for rape was upheld as the victim's credible evidence, corroborated by other witnesses, proved the charge beyond reasonable doubt; failure to cross-examine prosecution witnesses amounted to admission; absence of specific dates did not invalidate the conviction; new grounds not raised before the High Court cannot be considered.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
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