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Tanzania decisions
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The trial court's failure to properly administer and record an oath or affirmation for all witnesses constituted a fundamental procedural irregularity, rendering all evidence inadmissible and the entire proceedings incurably defective.
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Court of Appeal upheld convictions for rape and abduction of a girl under 16, but excluded an unlawfully recorded cautioned statement.
The prosecution failed to prove beyond reasonable doubt that the victim was forcefully compelled or abducted by the respondents with intent to secretly and wrongfully confine him. The evidence showed the victim's voluntary participation, lack of resistance, and absence of force or secrecy, thus not meeting the legal threshold for abduction under sections 246 and 249 of the Penal Code.
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The appellant's plea of guilty was unequivocal, properly recorded, and the conviction and sentence were lawful. No irregularity was found in the trial court proceedings.
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Court of Appeal upheld a rape and abduction conviction, finding penetration proved by the victim’s evidence and corroboration, while expunging improperly admitted exhibits.
Court of Appeal of Tanzania dismissed a second criminal appeal for abduction and rape, holding that age was proved by testimony and new non-law grounds were not entertainable.
The conviction for rape was sustained based on credible victim testimony corroborated by other evidence; conviction for impregnating a schoolgirl was upheld despite absence of DNA evidence, as victim's testimony sufficed; procedural challenges raised by appellant lacked merit and did not vitiate the conviction.
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The conviction for rape was sustained based on credible victim testimony corroborated by other evidence; procedural requirements for admitting evidence and considering defence were met; DNA evidence is not mandatory for proving impregnation if the victim's testimony is credible; procedural irregularities did not vitiate the conviction.
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The Court of Appeal allowed a criminal appeal, quashed convictions for abduction and rape, and ordered release after finding the prosecution had not proved the case beyond reasonable doubt.
High Court partly allowed a criminal appeal, quashing a rape conviction for lack of proof of penetration but upholding abduction and reducing the sentence.
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