20190829 TZHC Mwanza2

20190829 TZHC Mwanza2

The prosecution failed to prove the age of the victim, which is an essential element for the offences of rape and impregnating a school girl; without proof of age, the offences were not proved beyond reasonable doubt and the conviction cannot stand.

Citation
20190829 TZHC Mwanza2
Parties
Appellant: Paul Masunga; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 2019
Procedural Posture
Criminal Appeal / Judgment on First Appeal
Outcome
appeal allowed; conviction quashed; appellant released
Legal Topics
Rape, Impregnation of School Girl, Proof of Age, Standard of Proof, Evidence
Source Language
English
Criminal Law Rape Impregnation of School Girl Proof of Age Standard of Proof Evidence

Case Brief

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Parties

Paul Masunga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the prosecution proved the offence of impregnating a school girl beyond reasonable doubt
  3. 3 Whether the age of the victim was proved as required by law

Ratio Decidendi

The prosecution failed to prove the age of the victim, which is an essential element for the offences of rape and impregnating a school girl; without proof of age, the offences were not proved beyond reasonable doubt and the conviction cannot stand.

Court Disposition

appeal allowed; conviction quashed; appellant released

Orders

  • All proceedings and judgment of the subordinate court quashed
  • Appellant to be released from prison