selemani bakari makota mpale vs republic 2019 tzca 381 6 november 2019

selemani bakari makota mpale vs republic 2019 tzca 381 6 november 2019

The conviction was quashed because the evidence of the child witnesses was invalid due to non-compliance with section 127(2) of the Evidence Act, the PF3 was wrongly admitted, and the remaining evidence was insufficient and unreliable to sustain a conviction.

Citation
selemani bakari makota mpale vs republic 2019 tzca 381 6 november 2019
Parties
Appellant: Selemani Bakari Makota @ Mpale; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 2019
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed; conviction and sentence quashed; appellant to be released unless held for other lawful purpose
Legal Topics
Rape, Evidence of Children, Competency of Witnesses, Procedure for Admitting Exhibits, Standard of Proof, Corroboration
Source Language
English
Criminal Law Evidence Law Rape Evidence of Children Competency of Witnesses Procedure for Admitting Exhibits Standard of Proof Corroboration

Case Brief

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Parties

Selemani Bakari Makota @ Mpale

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the evidence of child witnesses was properly admitted in compliance with section 127(2) of the Evidence Act
  2. 2 Whether the conviction could stand in the absence of valid evidence from the victim and corroborating witnesses
  3. 3 Whether the PF3 medical report was properly admitted as evidence

Ratio Decidendi

The conviction was quashed because the evidence of the child witnesses was invalid due to non-compliance with section 127(2) of the Evidence Act, the PF3 was wrongly admitted, and the remaining evidence was insufficient and unreliable to sustain a conviction.

Court Disposition

appeal allowed; conviction and sentence quashed; appellant to be released unless held for other lawful purpose

Orders

  • Conviction and sentence quashed
  • Appellant to be released from custody unless held for another lawful purpose