yust lala vs republic 2015 tzca 50 15 october 2015
The lapse of time between alleged rape and reporting, combined with possible motive for framing and lack of corroborative evidence, raised reasonable doubt; prosecution failed to prove case beyond reasonable doubt.
- Citation
- yust lala vs republic 2015 tzca 50 15 october 2015
- Parties
- Appellant: Yust Lala; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 October 2015
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Impregnation of School Girl, Evidence, Procedure, Child Witness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Parties
Yust Lala
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 whether prosecution proved rape beyond reasonable doubt
- 2 whether appellant's defence was properly considered
- 3 whether voire dire was properly conducted on child witness
Ratio Decidendi
The lapse of time between alleged rape and reporting, combined with possible motive for framing and lack of corroborative evidence, raised reasonable doubt; prosecution failed to prove case beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentences set aside
Full Case Text
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