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Tanzania decisions
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The prosecution proved all elements of statutory rape beyond reasonable doubt; contradictions between witnesses were minor and did not affect the core evidence; the trial court erred in acquitting the respondent.
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The Court of Appeal upheld Twaha Salum’s conviction for unnatural offence, holding that age, identification, and penetration were proved and the inconsistencies were minor.
The absence of a receipt under section 38(3) of the Criminal Procedure Act was inconsequential as a certificate of seizure was issued and signed; the chain of custody for the exhibits was sufficiently established given the nature of the items; and the contradictions in witness testimony were minor and did not affect the credibility of the prosecution case, which was proved beyond reasonable doubt.
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The Court of Appeal allowed a criminal appeal, quashed a conviction for unlawful possession of a firearm, and set aside a 15-year sentence.
The appellant was properly identified by multiple witnesses under adequate lighting conditions and was known to them prior to the event; discrepancies in witness testimony were minor and did not undermine the strength of the prosecution's case.
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