VICENT WILSON V R
The prosecution failed to establish the appellant's guilt beyond reasonable doubt for the offences of rape and impregnating a schoolgirl due to discrepancies in the victim's age and lack of direct evidence linking the appellant to the impregnation.
- Citation
- VICENT WILSON V R
- Parties
- Appellant: Vicent Wilson; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2006
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed; conviction set aside; appellant acquitted
- Legal Topics
- Rape, Impregnating a School Girl, Burden of Proof, Evidence, Statutory Rape
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vicent Wilson
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
- 2 Whether the prosecution proved the offence of impregnating a school girl beyond reasonable doubt
- 3 Whether the trial court relied on hearsay evidence
Ratio Decidendi
The prosecution failed to establish the appellant's guilt beyond reasonable doubt for the offences of rape and impregnating a schoolgirl due to discrepancies in the victim's age and lack of direct evidence linking the appellant to the impregnation.
Court Disposition
appeal allowed; conviction set aside; appellant acquitted
Orders
- Vicent Wilson shall be released from custody forthwith unless held for any other lawful cause.
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