CRIMINAL APPEAL NO 197 OF 2022 RENATUS MAJESHI VS REPUBLIC

CRIMINAL APPEAL NO 197 OF 2022 RENATUS MAJESHI VS REPUBLIC

The appeal was dismissed because the Court found no merit in any of the appellant's grounds. The evidence of the child victim was properly received, preliminary hearing irregularities were not fatal, the defence of impotence was considered and rejected, oral confession to civilians was admissible, the charge was properly read and explained, and the prosecution's case was proved beyond reasonable doubt by credible evidence.

Citation
CRIMINAL APPEAL NO 197 OF 2022 RENATUS MAJESHI VS REPUBLIC
Parties
Appellant: Renatus Majeshi; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal) From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Rape, Sexual Offences Against Children, Evidence of Child Witnesses, Preliminary Hearing Procedure, Oral Confession, Defence of Impotence, Standard of Proof in Criminal Cases
Source Language
English
Criminal Law Rape Sexual Offences Against Children Evidence of Child Witnesses Preliminary Hearing Procedure Oral Confession Defence of Impotence Standard of Proof in Criminal Cases

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Parties

Renatus Majeshi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal) From High Court Decision

Legal Issues

  1. 1 Whether the evidence of the child victim (PW1) was taken in compliance with section 127(2) of the Evidence Act
  2. 2 Whether failure to comply with section 192 of the Criminal Procedure Act (CPA) was fatal to the proceedings
  3. 3 Whether the trial court considered the appellant's defence of impotence

Ratio Decidendi

The appeal was dismissed because the Court found no merit in any of the appellant's grounds. The evidence of the child victim was properly received, preliminary hearing irregularities were not fatal, the defence of impotence was considered and rejected, oral confession to civilians was admissible, the charge was properly read and explained, and the prosecution's case was proved beyond reasonable doubt by credible evidence.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of life imprisonment upheld