20190403 TZHC Mwanza
The prosecution failed to tender evidence establishing the victim's age, which is central to the offense of statutory rape; therefore, the charges were not proved beyond reasonable doubt.
- Citation
- 20190403 TZHC Mwanza
- Parties
- Appellant: Renadi s/o Juma; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 April 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Proof of Age, Evidence Admissibility
- 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
Parties
Renadi s/o Juma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the age of the victim beyond reasonable doubt
- 2 Whether the conviction for rape and impregnating a school girl was proper given the evidence
Ratio Decidendi
The prosecution failed to tender evidence establishing the victim's age, which is central to the offense of statutory rape; therefore, the charges were not proved beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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