rashid salehe shaban vs republic 2023 tzca 17656 26 september 2023

rashid salehe shaban vs republic 2023 tzca 17656 26 september 2023

The evidence of the child witnesses (PW1 and PW2) was inadmissible as the statutory requirement for a promise to tell the truth was not complied with or recorded, rendering the remaining evidence insufficient to sustain a conviction.

Source-derived case information.

Citation
rashid salehe shaban vs republic 2023 tzca 17656 26 september 2023
Parties
Appellant: Rashid Salehe Shaban; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 September 2023
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained.
Legal Topics
Rape, Unnatural Offence, Child Witness, Admissibility of Evidence, Section 127(2) Evidence Act
Source Language
english
Criminal Law Evidence Law Rape Unnatural Offence Child Witness Admissibility of Evidence Section 127(2) Evidence Act

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Parties

Rashid Salehe Shaban

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the evidence of a child of tender age was properly admitted in compliance with section 127(2) of the Evidence Act
  2. 2 Whether the conviction was sustainable in the absence of properly admitted evidence from the victim and another child witness

Ratio Decidendi

The evidence of the child witnesses (PW1 and PW2) was inadmissible as the statutory requirement for a promise to tell the truth was not complied with or recorded, rendering the remaining evidence insufficient to sustain a conviction.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained.

Orders

  • Conviction quashed
  • Sentence set aside