shani chamwela suleiman vs republic 2022 tzca 592 28 september 2022

shani chamwela suleiman vs republic 2022 tzca 592 28 september 2022

The prosecution proved beyond reasonable doubt that the appellant committed indecent assault and unnatural offence against a boy under fourteen years, as the victim's evidence was credible, consistent, and corroborated by other witnesses; the age of the victim was properly proved; and the requirements of section 127(2) of the Evidence Act were satisfied.

Citation
shani chamwela suleiman vs republic 2022 tzca 592 28 september 2022
Parties
Appellant: Shani Chamwela Suleiman; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2022
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Indecent Assault, Unnatural Offence, Sexual Offences Against Minors, Standard of Proof in Criminal Cases, Credibility of Witnesses
Source Language
English
Criminal Law Indecent Assault Unnatural Offence Sexual Offences Against Minors Standard of Proof in Criminal Cases Credibility of Witnesses

Case Brief

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Parties

Shani Chamwela Suleiman

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the prosecution proved the charges of indecent assault and unnatural offence against the appellant beyond reasonable doubt
  2. 2 Whether the age of the victim (PW2) was properly proved
  3. 3 Whether section 127(2) of the Evidence Act was complied with before recording the evidence of PW2

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellant committed indecent assault and unnatural offence against a boy under fourteen years, as the victim's evidence was credible, consistent, and corroborated by other witnesses; the age of the victim was properly proved; and the requirements of section 127(2) of the Evidence Act were satisfied.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentences of life imprisonment and 30 years imprisonment upheld
  • No relief granted to appellant