20191025 TZCA Tabora

20191025 TZCA Tabora

The charge of rape was proved beyond reasonable doubt based on the credible evidence of the victim, corroborated by other witnesses, and the appellant's failure to cross-examine prosecution witnesses amounted to admission of the prosecution case. The absence of exact dates and alleged denial of opportunity to call witnesses did not affect the conviction.

Citation
20191025 TZCA Tabora
Parties
Appellant: Paschal Aplonal; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 October 2019
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Sexual Offences, Evidence, Appeals
Source Language
English
Criminal Law Rape Sexual Offences Evidence Appeals

Case Brief

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Parties

Paschal Aplonal

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the charge of rape was proved beyond reasonable doubt
  2. 2 Whether failure to cross-examine prosecution witnesses amounted to admission
  3. 3 Whether absence of exact dates of sexual intercourse affected the prosecution case

Ratio Decidendi

The charge of rape was proved beyond reasonable doubt based on the credible evidence of the victim, corroborated by other witnesses, and the appellant's failure to cross-examine prosecution witnesses amounted to admission of the prosecution case. The absence of exact dates and alleged denial of opportunity to call witnesses did not affect the conviction.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.
  • Conviction and sentence for rape upheld.