Ridhiwan Juma vs R

Ridhiwan Juma vs R

The trial court failed to comply with section 127(2) of the Evidence Act by not recording the victim's promise to tell the truth and not to tell lies, rendering her evidence inadmissible and leaving no evidence to sustain the conviction.

Citation
Ridhiwan Juma vs R
Parties
Appellant: Ridhiwan Juma; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Child Witnesses, Procedure for Receiving Child Testimony, Standard of Proof, Criminal Appeals
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Procedure for Receiving Child Testimony Standard of Proof Criminal Appeals

Case Brief

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Parties

Ridhiwan Juma

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court properly received the evidence of a child of tender age as required by law
  2. 2 Whether the conviction could be sustained absent the victim's evidence

Ratio Decidendi

The trial court failed to comply with section 127(2) of the Evidence Act by not recording the victim's promise to tell the truth and not to tell lies, rendering her evidence inadmissible and leaving no evidence to sustain the conviction.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside