yust lala vs republic 2015 tzca 50 15 october 2015

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

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Parties

Yust Lala

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 whether prosecution proved rape beyond reasonable doubt
  2. 2 whether appellant's defence was properly considered
  3. 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