CRIMINAL APPEAL NO 620 OF 2020 THOMAS OKOTH OJWANG VS THE REPUBLIC

CRIMINAL APPEAL NO 620 OF 2020 THOMAS OKOTH OJWANG VS THE REPUBLIC

With the victim's evidence properly expunged for failure to comply with section 127(2) of the Evidence Act, the remaining prosecution evidence was hearsay and insufficient to prove the charge beyond reasonable doubt. The alleged confession was not shown to be freely made, and medical evidence could not conclusively identify the perpetrator. Conviction could not stand.

Citation
CRIMINAL APPEAL NO 620 OF 2020 THOMAS OKOTH OJWANG VS THE REPUBLIC
Parties
Appellant: Thomas Okoth Ojwang; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed; conviction quashed; appellant released
Legal Topics
Rape, Evidence, Confession, Child Witness, Standard of Proof
Source Language
English
Criminal Law Rape Evidence Confession Child Witness Standard of Proof

Case Brief

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Parties

Thomas Okoth Ojwang

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the conviction for rape was supported by evidence beyond reasonable doubt after expunging the victim's testimony
  2. 2 Whether the remaining evidence (hearsay, medical, alleged confession) could sustain the conviction

Ratio Decidendi

With the victim's evidence properly expunged for failure to comply with section 127(2) of the Evidence Act, the remaining prosecution evidence was hearsay and insufficient to prove the charge beyond reasonable doubt. The alleged confession was not shown to be freely made, and medical evidence could not conclusively identify the perpetrator. Conviction could not stand.

Court Disposition

appeal allowed; conviction quashed; appellant released

Orders

  • Immediate release of the appellant unless held for other lawful cause