20190403 TZHC Mwanza

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

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Parties

Renadi s/o Juma

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the prosecution proved the age of the victim beyond reasonable doubt
  2. 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