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Tanzania decisions
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The conviction was upheld because the evidence of the victim, corroborated by medical and circumstantial evidence, proved the offence of rape beyond reasonable doubt. Failure to call additional witnesses was not fatal as the evidence adduced was credible and sufficient. The appellant's defence was considered and found not to raise reasonable doubt.
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The prosecution failed to prove the charge beyond reasonable doubt due to failure to summon a key eye witness and contradictions in the victim's evidence, warranting acquittal of the appellant.
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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 medical and police evidence. The appellant's failure to cross-examine key witnesses or object to evidence amounted to admission. The absence of the alleged eyewitness did not warrant adverse inference as the witness was not material to the core elements of the offence. No procedural irregularity or reliance on inadmissible evidence was established.
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The Court of Appeal upheld a conviction for armed robbery, finding the appellant was properly recognized, family witnesses were competent, and no fatal gap arose from not calling the village chairman.
The appellant was properly recognized by both PW1 and PW2 under adequate lighting and circumstances, family members are competent witnesses, and the absence of the village chairman as a witness did not prejudice the prosecution case as the militiaman's evidence sufficed.
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The Court of Appeal upheld a conviction for armed robbery, finding the appellant was recognized at the scene and that family witnesses were competent.
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