paul mtindwa foya vs republic 2022 tzhc 15259 20 may 2022
The prosecution failed to prove the charges against the appellant beyond reasonable doubt due to material contradictions between the charge and the evidence, particularly regarding the amount of loss, and procedural irregularities in the prosecution's case. The charge was not amended to align with the evidence, rendering the conviction unsustainable.
Source excerpt
- Stealing by officer of company
- Fraudulent accounting
- Criminal procedure
- Burden of proof
- Variance between charge and evidence
- Judgment drafting