selemani bakari vs the republic 2023 tzhc 22025 23 october 2023

selemani bakari vs the republic 2023 tzhc 22025 23 october 2023

The trial court failed to comply with section 127(2) of the Evidence Act in admitting the evidence of a child of tender age, rendering the victim's testimony inadmissible; with the victim's evidence expunged, the remaining prosecution evidence was insufficient to sustain the conviction, necessitating quashing of the conviction and sentence.

Citation
selemani bakari vs the republic 2023 tzhc 22025 23 october 2023
Parties
Appellant: Selemani Bakari; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2023
Procedural Posture
Criminal Appeal / Judgment on First Appeal
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Child Witnesses, Standard of Proof, Criminal Procedure, Appeals
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Standard of Proof Criminal Procedure Appeals

Case Brief

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Parties

Selemani Bakari

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the trial court erred by admitting the evidence of a child of tender age without complying with section 127(2) of the Evidence Act
  2. 2 Whether the remaining prosecution evidence sufficed to sustain the conviction after expunging the victim's testimony

Ratio Decidendi

The trial court failed to comply with section 127(2) of the Evidence Act in admitting the evidence of a child of tender age, rendering the victim's testimony inadmissible; with the victim's evidence expunged, the remaining prosecution evidence was insufficient to sustain the conviction, necessitating quashing of the conviction and sentence.

Court Disposition

appeal allowed

Orders

  • judgment and proceedings of the trial court nullified
  • conviction and sentence quashed and set aside