selemani yahaya zinga vs republic 2021 tzca 568 6 october 2021
The conviction was unsafe because the prosecution failed to prove the case beyond reasonable doubt; material witnesses were not called, the victim's testimony was compromised by alleged coercion, and the defence was not properly considered.
- Citation
- selemani yahaya zinga vs republic 2021 tzca 568 6 october 2021
- Parties
- Appellant: Selemani Yahaya @ Zinga; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 October 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Child Witness, Burden of Proof, Credibility Assessment
- Source Language
- English
Case Brief
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Parties
Selemani Yahaya @ Zinga
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for rape was based on credible and sufficient evidence
- 2 Whether the evidence of the child witness was properly admitted without oath or affirmation
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The conviction was unsafe because the prosecution failed to prove the case beyond reasonable doubt; material witnesses were not called, the victim's testimony was compromised by alleged coercion, and the defence was not properly considered.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
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