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Tanzania decisions
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The High Court allowed a rape appeal, quashed the conviction and set aside the 30-year sentence after finding the prosecution had not proved penetration beyond reasonable doubt.
The prosecution failed to prove beyond reasonable doubt that the appellant was the perpetrator of the rape, as the victim's evidence was contradictory regarding the identity of the perpetrator and the circumstances of disclosure, and there was insufficient corroboration. The contradictions and omissions in the prosecution case created reasonable doubt, warranting acquittal.
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The prosecution failed to prove the charge of rape beyond reasonable doubt due to unreliable victim testimony, material contradictions in evidence, and failure to summon important witnesses.
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Material contradictions in the prosecution evidence regarding the number of bundles and case numbers, as well as inconsistencies between the charge and the evidence, undermined the prosecution's case and rendered the conviction unsafe.
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The prosecution proved all elements of statutory rape, including the age of the victim and penetration, through credible oral and documentary evidence. The trial court properly evaluated the evidence of both sides and the conviction was based on the strength of the prosecution's case, not the weakness of the defence. The appeal lacked merit and was dismissed.
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The conviction was unsafe due to misdirection and misapprehension regarding the credibility of prosecution witnesses, particularly the unexplained delay in reporting and inconsistencies in evidence.
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The prosecution failed to prove the case beyond reasonable doubt due to questionable credibility of the victim's evidence, particularly her failure to raise an alarm and lack of corroboration regarding the circumstances of the alleged attempted rape.
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The only evidence linking the appellant to the offence was that of the victim (PW2), which was found not credible due to contradictions, lack of timely disclosure, and circumstances casting doubt on her testimony. The prosecution failed to prove the case beyond reasonable doubt. The conviction and sentence were quashed and the appellant was ordered to be released.
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The conviction was quashed because the prosecution failed to prove the offence of incest by male beyond reasonable doubt due to material contradictions in the evidence, variance between the charge and the evidence, and lack of proof of sexual intercourse.
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High Court of Tanzania dismissed a criminal appeal in a statutory rape case, upholding conviction and 30-year sentence after finding the victim’s evidence credible.
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