yoki so juma vs republic 2023 tzca 17428 19 july 2023

yoki so juma vs republic 2023 tzca 17428 19 july 2023

Despite the exclusion of the child victim's evidence and the expunged PF3, the oral evidence of credible witnesses and the appellant's own confession proved the offence of rape beyond reasonable doubt. The age of the victim was sufficiently proved by her father's testimony. The defence of fabrication was not credible as it was raised only at the defence stage and contradicted the cogent prosecution evidence.

Citation
yoki so juma vs republic 2023 tzca 17428 19 july 2023
Parties
Appellant: Yoki s/o Juma; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 July 2023
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Rape, Evidence, Appeals, Child Witness, Confession
Source Language
English
Criminal Law Rape Evidence Appeals Child Witness Confession

Case Brief

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Parties

Yoki s/o Juma

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the conviction for rape was proved beyond reasonable doubt
  2. 2 Whether the evidence of the child victim was valid under section 127(2) of the Evidence Act
  3. 3 Whether the appellant's confession and other oral evidence sufficed for conviction

Ratio Decidendi

Despite the exclusion of the child victim's evidence and the expunged PF3, the oral evidence of credible witnesses and the appellant's own confession proved the offence of rape beyond reasonable doubt. The age of the victim was sufficiently proved by her father's testimony. The defence of fabrication was not credible as it was raised only at the defence stage and contradicted the cogent prosecution evidence.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of thirty years imprisonment upheld