20100319 TZCA Tanga3

20100319 TZCA Tanga3

The appellant was properly identified by the complainant, the ingredients of rape were established by both medical and direct evidence, and the prosecution proved the case beyond reasonable doubt. The sentence was revised to include corporal punishment and compensation as required by law.

Citation
20100319 TZCA Tanga3
Parties
Appellant: Said Hussein; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 March 2010
Procedural Posture
Criminal Appeal / Second Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Rape, Identification Evidence, Corroboration, Sentencing, Child Witness, Compensation
Source Language
English
Criminal Law Rape Identification Evidence Corroboration Sentencing Child Witness Compensation

Case Brief

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Parties

Said Hussein

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant was properly identified as the perpetrator
  2. 2 Whether the ingredients of rape were established
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The appellant was properly identified by the complainant, the ingredients of rape were established by both medical and direct evidence, and the prosecution proved the case beyond reasonable doubt. The sentence was revised to include corporal punishment and compensation as required by law.

Court Disposition

Appeal dismissed

Orders

  • Appellant to suffer twelve strokes of the cane
  • Appellant to pay Rehema Juma five hundred thousand shillings as compensation