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Tanzania decisions
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The trial court's failure to properly administer and record oaths or affirmations for all witnesses constituted a grave procedural irregularity, rendering all testimonies inadmissible and the entire proceedings incurably defective.
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The prosecution failed to prove the charge of unnatural offence beyond reasonable doubt due to material contradictions in the evidence of key witnesses and implausibility in the medical evidence; the improper admission of exhibit D1 was also established.
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The charge was fatally defective for failing to cite the specific sentencing section (section 131(3) of the Penal Code), thereby prejudicing the appellant and denying him a fair trial.
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The Court of Appeal dismissed James Sharifu’s review application, holding he had not shown any ground under Rule 66(1) and was effectively re-arguing his appeal.
Despite procedural irregularities, the credible and straightforward evidence of the child victim, corroborated by circumstances and identification, established the appellant's guilt beyond reasonable doubt. The procedural omissions did not occasion a miscarriage of justice and were curable. The conviction and sentence were upheld.
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Court of Appeal upheld a rape conviction involving a three-year-old complainant, but set aside corporal punishment as improper.
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