faustine francis tarimo vs republic 2012 tzca 92 1 october 2012
The conviction was unsafe because the evidence of the key witness (PW1), a deaf and dumb person, was improperly received in violation of section 128 of the Evidence Act, as the interpreter's competence was not established, the interpreter was not properly sworn, and the signs were not recorded. Additionally, the discrepancy in the names of the complainant in the charge sheet and the PF3 Form created reasonable doubt as to the identity of the victim, and the prosecution failed to prove its case beyond reasonable doubt.
Source excerpt
- Rape
- Evidence of disabled witnesses
- Interpretation of evidence
- Identification of complainant
- Standard of proof