sakaja iddi sakaja vs republic 2023 tzhc 23324 11 december 2023
The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act in admitting the child victim's evidence, rendering it inadmissible and leaving no sufficient evidence to sustain the conviction.
- Citation
- sakaja iddi sakaja vs republic 2023 tzhc 23324 11 december 2023
- Parties
- Appellant: Sakaja Iddi Sakaja; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2023
- Procedural Posture
- Criminal Appeal / First Appeal, Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Evidence Admissibility, Standard of Proof, Procedure for Child Testimony
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sakaja Iddi Sakaja
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / First Appeal, Judgment
Legal Issues
- 1 Whether the trial court properly admitted and relied on the evidence of a child witness under section 127(2) of the Evidence Act
- 2 Whether the conviction can be sustained in absence of the victim's evidence
Ratio Decidendi
The conviction was quashed because the trial court failed to comply with section 127(2) of the Evidence Act in admitting the child victim's evidence, rendering it inadmissible and leaving no sufficient evidence to sustain the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of life imprisonment set aside
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