20190627 TZHC Mwanza
The prosecution failed to prove the offence of rape beyond reasonable doubt as medical evidence did not support the occurrence of rape and victim testimony lacked corroboration.
- Citation
- 20190627 TZHC Mwanza
- Parties
- Appellant: Pele Boniphace; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Expert Testimony, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Pele Boniphace
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the prosecution proved the offence of rape beyond reasonable doubt
- 2 whether medical evidence and victim testimony were sufficient to sustain conviction
- 3 validity of Voire Dire test for child witness
Ratio Decidendi
The prosecution failed to prove the offence of rape beyond reasonable doubt as medical evidence did not support the occurrence of rape and victim testimony lacked corroboration.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
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