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Tanzania decisions
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The prosecution failed to prove the charge of rape beyond reasonable doubt due to material contradictions between the charge sheet and witness testimony, lack of corroboration, and unreliable evidence; therefore, conviction and sentence cannot stand.
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Conviction for trafficking narcotic drugs was unsafe due to failure to establish chain of custody for exhibit P7; conviction for rape was proper as evidence of penetration and age of victim was proved beyond reasonable doubt.
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The High Court allowed a rape appeal after finding a fatal mismatch between the charge sheet and the evidence on the place of offence.
The conviction was quashed due to denial of fair trial, improper examination in chief and cross-examination by the State Attorney, and unresolved reasonable doubts in the prosecution evidence, which should have been resolved in favour of the appellant.
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Failure to conduct voire dire test for child witnesses rendered their testimony unworthy and uncorroborated, thus rape charges were not proved; armed robbery charge was defective for not specifying the victim of violence, invalidating the conviction.
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The Court of Appeal allowed a criminal appeal against a statutory rape conviction, finding a fatal variance between the charge and the evidence, plus doubt caused by delay and missing witness evidence.
Court of Appeal upheld convictions for unlawful possession and dealing in government trophies, dismissing challenges to exhibits, confession evidence, custody, and procedure.
The appellant's plea of guilty was not unequivocal due to procedural irregularities, including defective charge sheet, lack of clarity in the particulars of the offence and punishment, and improper admission of exhibits, rendering the conviction and sentence invalid.
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The charge sheet was incurably defective for failing to specify the precise paragraph under section 130(2) and omitting section 130(3), and the prosecution failed to prove the victim's age, rendering the conviction unsustainable.
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The appeal was allowed because the charge sheet failed to properly disclose the offence and relevant particulars, and the trial magistrate did not comply with mandatory procedures for judgment and conviction, rendering the conviction and sentence invalid.
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