seleman moses sotel white vs republic 2020 tzca 40 28 february 2020
The evidence of PW3 was properly taken on affirmation; oral evidence of PW1 and PW2 corroborated PW3's testimony; expunging improperly admitted exhibits did not affect the prosecution's case; conviction was based on credible and corroborated evidence; appeal dismissed.
- Citation
- seleman moses sotel white vs republic 2020 tzca 40 28 february 2020
- Parties
- Appellant: Seleman Moses Sotel @ White; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Unnatural Offence, Evidence of Child Witnesses, Admissibility of Documentary Evidence, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Seleman Moses Sotel @ White
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the evidence of PW3 was improperly taken in contravention of s. 127(2) of the Evidence Act
- 2 Whether exhibits (birth certificate and medical report) were improperly admitted
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The evidence of PW3 was properly taken on affirmation; oral evidence of PW1 and PW2 corroborated PW3's testimony; expunging improperly admitted exhibits did not affect the prosecution's case; conviction was based on credible and corroborated evidence; appeal dismissed.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
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