paschal aplonal vs republic 2019 tzca 356 28 october 2019
The conviction for rape was upheld based on the credible and corroborated evidence of the victim, supported by other witnesses, and the appellant's failure to cross-examine prosecution witnesses, which amounted to admission of the prosecution's case. New grounds not raised in the first appeal were not considered.
- Citation
- paschal aplonal vs republic 2019 tzca 356 28 october 2019
- Parties
- Appellant: Paschal Aplonal; Respondent: The 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 Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paschal Aplonal
Appellant
The 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 exact dates of sexual intercourse affected the prosecution case
Ratio Decidendi
The conviction for rape was upheld based on the credible and corroborated evidence of the victim, supported by other witnesses, and the appellant's failure to cross-examine prosecution witnesses, which amounted to admission of the prosecution's case. New grounds not raised in the first appeal were not considered.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence for rape upheld
- Appeal dismissed in its entirety
Full Case Text
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