shabani salim vs republic 2023 tzca 18015 21 december 2023

shabani salim vs republic 2023 tzca 18015 21 december 2023

The prosecution proved the offence of rape against the appellant beyond reasonable doubt through the credible evidence of the child victim, corroborated by medical evidence and the appellant's extra judicial confession. The charge was not defective, the child’s evidence was properly received or salvaged by section 127(6), identification was reliable, contradictions were minor, and delay in arraignment did not vitiate the trial. The cautioned statement was expunged, but the extra judicial statement was properly admitted and relied upon.

Citation
shabani salim vs republic 2023 tzca 18015 21 december 2023
Parties
Appellant: Shabani Salimu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 December 2023
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Child Witness, Confession, Delay in Arraignment, Defective Charge, Contradictory Evidence
Source Language
English
Criminal Law Rape Evidence Child Witness Confession Delay in Arraignment Defective Charge Contradictory Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shabani Salimu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the charge was defective
  2. 2 Whether the evidence of the child victim was properly received under section 127(2) of the Evidence Act
  3. 3 Whether the identification of the appellant was reliable

Ratio Decidendi

The prosecution proved the offence of rape against the appellant beyond reasonable doubt through the credible evidence of the child victim, corroborated by medical evidence and the appellant's extra judicial confession. The charge was not defective, the child’s evidence was properly received or salvaged by section 127(6), identification was reliable, contradictions were minor, and delay in arraignment did not vitiate the trial. The cautioned statement was expunged, but the extra judicial statement was properly admitted and relied upon.

Court Disposition

appeal dismissed

Orders

  • Cautioned statement (exhibit PI) expunged from the record
  • Conviction and sentence upheld