sadick so thomson baba sashi baba angela vs republic 2023 tzhc 23738 12 december 2023

sadick so thomson baba sashi baba angela vs republic 2023 tzhc 23738 12 december 2023

The age of the victim was sufficiently proved through oral testimony and circumstantial evidence, and the absence of additional witnesses did not undermine the prosecution's case as the victim's credible testimony sufficed for conviction.

Citation
sadick so thomson baba sashi baba angela vs republic 2023 tzhc 23738 12 december 2023
Parties
Appellant: Sadick s/o Thomson@Baba Sashi@Baba Angela; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 December 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Statutory Rape, Proof of Age, Evidence, Witness Credibility
Source Language
English
Criminal Law Rape Statutory Rape Proof of Age Evidence Witness Credibility

Case Brief

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Parties

Sadick s/o Thomson@Baba Sashi@Baba Angela

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the age of the victim beyond reasonable doubt
  2. 2 Whether failure to call key witnesses (Mama Rostina and the investigator) was fatal to the prosecution case

Ratio Decidendi

The age of the victim was sufficiently proved through oral testimony and circumstantial evidence, and the absence of additional witnesses did not undermine the prosecution's case as the victim's credible testimony sufficed for conviction.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.