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The High Court quashed a rape conviction after finding age was not properly determined, the child witness evidence was irregularly received, and a caution statement was inadmissible.
The conviction could not stand because the evidence of the child victim (PW1) was improperly admitted in contravention of section 127(2) of the Evidence Act and, once expunged, the remaining evidence was insufficient to prove the appellant's guilt beyond reasonable doubt.
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The trial court failed to properly test and record the competence and promise of the child witness as required by section 127(2) of the Evidence Act, rendering the victim's evidence inadmissible and unreliable. With the victim's evidence expunged, the remaining evidence was insufficient to sustain a conviction. A retrial was not appropriate as it would allow the prosecution to fill evidentiary gaps, contrary to established principles.
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Second criminal appeal allowed where charge substitution and child-witness procedures were defective, leaving the conviction unsupported and leading to release.
Court of Appeal of Tanzania quashed a conviction for an unnatural offence after finding child witness evidence was wrongly admitted due to an inadequate voire dire examination.
PW2's testimony was properly received in compliance with section 127(2) of the Evidence Act; PW3 was qualified to conduct medical examination and PF3 was valid; prosecution evidence was credible and reliable; the offence of rape was proven beyond reasonable doubt.
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The Court of Appeal allowed a criminal appeal after finding a child witness’s evidence was received without the mandatory promise under section 127(2).
PW1's evidence was taken in violation of section 127(2) of the Evidence Act as amended, rendering it invalid; with PW1's evidence discounted, remaining evidence was hearsay and incapable of incriminating the appellant; exhibit PI was expunged for procedural irregularity; prosecution failed to prove the charge beyond reasonable doubt.
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The Court of Appeal dismissed a second criminal appeal against a life sentence for unnatural offence, holding the child victim’s evidence proved penetration beyond reasonable doubt.
Failure to conduct a voir dire examination and record findings for the child witness, and improper admission of a cautioned statement recorded outside the statutory period without explanation or inquiry, rendered the conviction unsafe.
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