20091028 TZCA Tabora

20091028 TZCA Tabora

The conviction was sustained as the evidence of PW3, an eyewitness, was credible and corroborated by medical evidence; the sentence of life imprisonment was mandatory under the law for rape of a girl under ten; omission in voire dire examination did not prejudice the prosecution; compensation to the victim was ordered under revisional powers.

Citation
20091028 TZCA Tabora
Parties
Appellant: Rajabu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 2009
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed in its entirety.
Legal Topics
Rape, Sexual Offences, Sentencing, Evidence of Child Witness, Compensation to Victim
Source Language
English
Criminal Law Rape Sexual Offences Sentencing Evidence of Child Witness Compensation to Victim

Case Brief

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Parties

Rajabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the conviction for rape was supported by sufficient and corroborated evidence
  2. 2 Whether the sentence of life imprisonment was proper given the appellant's age
  3. 3 Whether failure to properly conduct voire dire examination of a child witness was fatal to the prosecution case

Ratio Decidendi

The conviction was sustained as the evidence of PW3, an eyewitness, was credible and corroborated by medical evidence; the sentence of life imprisonment was mandatory under the law for rape of a girl under ten; omission in voire dire examination did not prejudice the prosecution; compensation to the victim was ordered under revisional powers.

Court Disposition

Appeal dismissed in its entirety.

Orders

  • Appellant to pay compensation of Tshs. 100,000 to the complainant Hidaya D'O Ally.