wambura kiginga vs republic 2022 tzca 283 13 may 2022

wambura kiginga vs republic 2022 tzca 283 13 may 2022

The court held that despite non-compliance with section 127(2) of the Evidence Act, section 127(6) permits reliance on the victim's evidence if the court is satisfied of its credibility and truthfulness. The victim's evidence was found credible, corroborated by other witnesses and the appellant's own admissions. The age of the victim was proved by the mother and appellant. The PF3 was expunged for procedural irregularity but the medical evidence remained valid. The appellant's defence was weak and complemented the prosecution case. There was no unreasonable delay in arraignment. The appeal lacked merit and was dismissed.

Citation
wambura kiginga vs republic 2022 tzca 283 13 may 2022
Parties
Appellant: Wambura Kiginga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2022
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Statutory Rape, Child Witness, Evidence, Procedure
Source Language
English
Criminal Law Rape Statutory Rape Child Witness Evidence Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Wambura Kiginga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the evidence of a child of tender age not complying with section 127(2) of the Evidence Act can be relied upon for conviction
  2. 2 Whether the age of the victim was proved
  3. 3 Whether the medical evidence and PF3 (exhibit PEI) were lawfully admitted and credible

Ratio Decidendi

The court held that despite non-compliance with section 127(2) of the Evidence Act, section 127(6) permits reliance on the victim's evidence if the court is satisfied of its credibility and truthfulness. The victim's evidence was found credible, corroborated by other witnesses and the appellant's own admissions. The age of the victim was proved by the mother and appellant. The PF3 was expunged for procedural irregularity but the medical evidence remained valid. The appellant's defence was weak and complemented the prosecution case. There was no unreasonable delay in arraignment. The appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • PF3 (exhibit PEI) expunged from the record
  • conviction and sentence of life imprisonment upheld