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Tanzania decisions
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The trial court properly conducted the inquiry for child witnesses, the identification of the accused was reliable and based on recognition, the prosecution proved the charge beyond reasonable doubt with credible direct evidence, and the omission to call additional witnesses or admit PF3 did not affect the conviction.
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The conviction was sustained based on the oral evidence of PW1 and PW4, which established beyond reasonable doubt that the appellant raped the victim, and the age of the victim was proved by her mother. The sentence of 30 years imprisonment was unlawful and substituted with life imprisonment as required by statute.
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The Court of Appeal of Tanzania allowed a rape appeal, finding the child complainant’s evidence was improperly received and could not support the conviction.
The Court of Appeal of Tanzania upheld a rape conviction, finding the victim’s age was proved, the evidence was credible, and the defence was considered.
The medical report confirming the 1st accused is sane must be admitted as evidence at this stage to form the basis for the court's finding on mental status, as required by section 220(2) and (3) of the Criminal Procedure Act. Objection by defence lacked legal or factual foundation and is overruled.
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The appeal was dismissed because the evidence against the appellant was direct, credible, and corroborated; the victim's testimony complied with section 127(2) of the Evidence Act, PF3 was properly discounted, and identification was not an issue as the appellant was caught committing the offence.
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The prosecution proved the offence of rape beyond reasonable doubt through the credible and consistent testimony of the victim, corroborated by other witnesses and medical evidence. The trial court complied with section 240(3) of the CPA, and the defence was considered but found unconvincing. New grounds not raised in the first appeal were inadmissible.
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The conviction cannot stand because the prosecution failed to prove the case beyond reasonable doubt; the identification evidence was unreliable and the medical evidence (exhibit P01) was wrongly admitted and expunged.
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The Court of Appeal of Tanzania allowed a criminal appeal, quashing convictions for rape and impregnating a schoolgirl after finding fatal evidentiary and procedural flaws.
The evidence of the victim, corroborated by medical and other prosecution witnesses, proved the offence of rape beyond reasonable doubt. The voire dire was properly conducted, the age of the victim was established, and the defence did not raise reasonable doubt. The appeal lacked merit and was dismissed.
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