tunuel bosco sangana v the republic 2023 tzhc 20456 28 august 2023

tunuel bosco sangana v the republic 2023 tzhc 20456 28 august 2023

Penetration was proved by medical and testimonial evidence; the child victim's testimony was properly admitted after a promise to tell the truth; the defence of conflict over bride price is not a defence to statutory rape; the prosecution proved the offence of rape beyond reasonable doubt.

Citation
tunuel bosco sangana v the republic 2023 tzhc 20456 28 august 2023
Parties
Appellant: Tunuel Bosco Sangana; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence of Children, Standard of Proof, Statutory Rape, Appeals
Source Language
English
Criminal Law Rape Evidence of Children Standard of Proof Statutory Rape Appeals

Case Brief

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Parties

Tunuel Bosco Sangana

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether penetration was proved
  2. 2 Whether the testimony of the child victim qualifies as evidence
  3. 3 Whether the defence evidence was considered by the trial court

Ratio Decidendi

Penetration was proved by medical and testimonial evidence; the child victim's testimony was properly admitted after a promise to tell the truth; the defence of conflict over bride price is not a defence to statutory rape; the prosecution proved the offence of rape beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of the trial court upheld