YOHANA DAUDI

YOHANA DAUDI

The prosecution proved the charge of rape beyond reasonable doubt through the evidence of the victim, corroborated by medical and other witnesses, and the appellant's own admission. The failure of the child victim to promise to tell the truth is not fatal due to statutory amendment. The difference between 'sexual assault' and 'rape' in PF3 and charge sheet does not affect the conviction as the essential elements of rape were established.

Citation
YOHANA DAUDI
Parties
Appellant: Yohana Daudi; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 August 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Burden of Proof, Evidence of Child Witness, Appeal Procedure
Source Language
English
Criminal Law Rape Burden of Proof Evidence of Child Witness Appeal Procedure

Case Brief

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Parties

Yohana Daudi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved the charge of rape beyond reasonable doubt
  2. 2 Whether failure of the child victim to promise to tell the truth under section 127(2) of the Evidence Act rendered her evidence inadmissible
  3. 3 Whether penetration was established as required by law

Ratio Decidendi

The prosecution proved the charge of rape beyond reasonable doubt through the evidence of the victim, corroborated by medical and other witnesses, and the appellant's own admission. The failure of the child victim to promise to tell the truth is not fatal due to statutory amendment. The difference between 'sexual assault' and 'rape' in PF3 and charge sheet does not affect the conviction as the essential elements of rape were established.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.