20190930 TZHC Mwanza
The trial court failed to comply with section 127(2) of the Evidence Act regarding the competency and procedure for child witnesses, rendering the evidence inadmissible and the conviction unsafe.
- Citation
- 20190930 TZHC Mwanza
- Parties
- Appellant: Samson Baba Tausi; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Evidence, Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Samson Baba Tausi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court complied with section 127(2) of the Evidence Act regarding child witnesses
- 2 Whether the conviction based on unsworn evidence of children of tender age was valid
Ratio Decidendi
The trial court failed to comply with section 127(2) of the Evidence Act regarding the competency and procedure for child witnesses, rendering the evidence inadmissible and the conviction unsafe.
Court Disposition
appeal allowed
Orders
- All proceedings and verdict of the subordinate court quashed
- Appellant released from prison unless held for other lawful purposes
Full Case Text
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