rashidi omari vs republic 2011 tzhc 2134 14 july 2011

rashidi omari vs republic 2011 tzhc 2134 14 july 2011

The charge under section 130(2)(e) of the Penal Code was not disclosed as the victim was eighteen years old, and thus the provision was not applicable. The conviction and sentence were quashed as the charge sheet did not disclose any offence.

Citation
rashidi omari vs republic 2011 tzhc 2134 14 july 2011
Parties
Appellant: Rashidi Omari; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 July 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Criminal Procedure, Evidence Admissibility
Source Language
English
Criminal Law Rape Criminal Procedure Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

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Parties

Rashidi Omari

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the charge under section 130(2)(e) of the Penal Code was properly disclosed given the victim's age
  2. 2 Whether the prosecution proved the case beyond reasonable doubt
  3. 3 Whether the PF.3 medical report was properly admitted

Ratio Decidendi

The charge under section 130(2)(e) of the Penal Code was not disclosed as the victim was eighteen years old, and thus the provision was not applicable. The conviction and sentence were quashed as the charge sheet did not disclose any offence.

Court Disposition

appeal allowed

Orders

  • conviction and sentence quashed and set aside
  • appellant to be released from custody forthwith unless held for some other lawful cause