shaibu nalinga vs republic 2020 tzca 41 28 february 2020
The conviction was quashed because the evidence of the child victim was improperly admitted without the required promise to tell the truth, and the remaining evidence was insufficient to prove the appellant's guilt.
- Citation
- shaibu nalinga vs republic 2020 tzca 41 28 february 2020
- Parties
- Appellant: Shaibu Nalinga; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Procedure for Taking Evidence, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shaibu Nalinga
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of a child of tender age was properly admitted under section 127(2) of the Evidence Act as amended
- 2 Whether the conviction could be sustained without the evidence of the child victim
Ratio Decidendi
The conviction was quashed because the evidence of the child victim was improperly admitted without the required promise to tell the truth, and the remaining evidence was insufficient to prove the appellant's guilt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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