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Tanzania decisions
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The conviction was unsafe due to misdirection and misapprehension regarding the credibility of prosecution witnesses, particularly the unexplained delay in reporting and inconsistencies in evidence.
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The High Court allowed a criminal appeal, quashing convictions for rape and supplying drugs to procure abortion after finding the prosecution had not proved the case beyond reasonable doubt.
The conviction for rape was upheld because the victim's evidence was found credible by both lower courts, the variance in date and place was immaterial, and the delay in reporting was reasonably explained. There was no misapprehension of evidence or legal error warranting appellate interference.
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The conviction was unsafe due to the unexplained six-month delay by the victim in naming the accused, lack of credible and reliable evidence from the victim, and the prosecution's failure to call material witnesses, all of which created reasonable doubt as to the appellant's guilt.
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District Court lacked jurisdiction to try appellant as he was a child at the time of the alleged offence; failure to ascertain age and absence of Juvenile Court proceedings rendered trial, conviction, and sentence null and void.
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The Court of Appeal allowed a second criminal appeal, finding the complainant’s delayed naming of the appellant without explanation made her evidence unreliable.
The prosecution's case was not credible or reliable due to unexplained delay in reporting, lack of corroborative evidence, failure to summon key witnesses, and material inconsistencies. The evidence was not watertight and did not prove the offence beyond reasonable doubt. The conviction and sentence could not stand.
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The conviction was quashed because the victim's evidence was not credible or reliable, there was unjustified delay in reporting without evidence of threat, and the prosecution failed to prove the case beyond reasonable doubt.
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The Court of Appeal upheld a rape conviction, finding the complainant’s evidence credible, penetration proved, and delay in reporting plausibly explained by threats.
The High Court allowed a criminal appeal, quashed the conviction for unnatural offence, and set aside the life sentence after finding reasonable doubt.
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