yustinian mulokozi vs republic 2016 tzca 679 16 february 2016
The evidence of the victim, corroborated by other witnesses and medical findings of injuries, was credible and sufficient to prove rape beyond reasonable doubt. Absence of sperms or blood does not negate the offence where penetration is established.
- Citation
- yustinian mulokozi vs republic 2016 tzca 679 16 february 2016
- Parties
- Appellant: Yustinian Mulokozi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 February 2016
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Evidence, Appeals, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Yustinian Mulokozi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the evidence established that PW1 was raped
- 2 Whether the appellant was properly identified as the perpetrator
- 3 Whether absence of medical evidence of sperms or blood negates rape
Ratio Decidendi
The evidence of the victim, corroborated by other witnesses and medical findings of injuries, was credible and sufficient to prove rape beyond reasonable doubt. Absence of sperms or blood does not negate the offence where penetration is established.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence upheld
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