19701116 TZHC Mwanza

19701116 TZHC Mwanza

There was no sufficient corroboration of the complainant's story to implicate the appellant with the offence; conviction and sentence cannot stand.

Citation
19701116 TZHC Mwanza
Parties
Appellant: Silvatory Katanate; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 November 1970
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction and sentence quashed; appellant acquitted
Legal Topics
Rape, Corroboration, Consent
Source Language
English
Criminal Law Rape Corroboration Consent

Case Brief

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Parties

Silvatory Katanate

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether there was sufficient corroboration of the complainant's testimony to implicate the appellant in the offence of rape

Ratio Decidendi

There was no sufficient corroboration of the complainant's story to implicate the appellant with the offence; conviction and sentence cannot stand.

Court Disposition

conviction and sentence quashed; appellant acquitted

Orders

  • The appellant is to be released forthwith unless lawfully held in connection with another charge