Tanzania Case Law

rweyemamu zakaria

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Statutory rape
• Defective charge
• Admissibility of evidence
• Proof of age

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DC

Court

TANZLII

The offence of rape was proved beyond reasonable doubt by the victim's evidence and corroborating circumstances, including proper identification and proof of age. The offence of impregnating a schoolgirl was not proved as there was no evidence directly linking the appellant to the pregnancy. Delay in naming the appellant was explained and did not cast doubt on the prosecution case. The defence of alibi was considered but found unmerited. Procedural requirements were complied with.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Statutory rape
• Evidence
• Identification
• Alibi

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WILLIAM CLEMENT V R

Court

TANZLII

The appellant failed to file his appeal within the extended period granted by the Court, and his explanation for the delay was not sufficient to override the mandatory limitation period. The appeal is therefore time-barred and incompetent.

Source excerpt

• Limitation period
• Appeal procedure
• Impregnating a schoolgirl

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mohamed salum said vs republic 2023 tzhc 18945 26 june 2023

Court

TZHC

The High Court allowed a criminal appeal against a rape conviction, holding that the trial court failed to properly assess the alibi and proof beyond reasonable doubt.

• Rape
• Evidence of children
• Alibi
• Standard of proof
• Impregnating a schoolgirl
• Standard-of-proof

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peter bugumba cherehani vs republic 2023 tzca 221 4 may 2023

Court

TZCA

Court of Appeal allowed a criminal appeal, quashing convictions for statutory rape and impregnating a schoolgirl after finding key proof lacking.

• Statutory rape
• Impregnating a schoolgirl
• Burden of proof
• Evidence law
• Criminal procedure
• Statutory-rape

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sokoine mtahali chimongwa vs republic 2022 tzca 575 23 september 2022

Court

TZCA

The Court of Appeal upheld the guilty plea conviction for impregnating a schoolgirl but set aside the 30-year sentence, holding the punishment was discretionary, not mandatory.

• Plea of guilty
• Sentencing discretion
• Impregnating a schoolgirl
• Unequivocal plea
• Appeal against conviction and sentence
• Guilty-plea

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Gwatu Final Judgment 1

Court

TANZLII

The conviction for rape was sustained based on credible victim testimony corroborated by other evidence; conviction for impregnating a schoolgirl was upheld despite absence of DNA evidence, as victim's testimony sufficed; procedural challenges raised by appellant lacked merit and did not vitiate the conviction.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Abduction
• Evidence
• Procedure

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Gwatu Final Judgment

Court

TANZLII

The conviction for rape was sustained based on credible victim testimony corroborated by other evidence; procedural requirements for admitting evidence and considering defence were met; DNA evidence is not mandatory for proving impregnation if the victim's testimony is credible; procedural irregularities did not vitiate the conviction.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Abduction
• Evidence
• Procedure

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FRANK JEREMIA 2

Court

TANZLII

The conviction was quashed because the prosecution's key witness was found unreliable and incredible, and the only remaining evidence—a repudiated confession—was uncorroborated and thus insufficient to sustain a conviction.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Credibility of witnesses
• Confession evidence
• Procedural compliance
• Standard of proof

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20181205 TZCA Mbeya

Court

TZCA

The Court of Appeal of Tanzania allowed a criminal appeal, quashing convictions for rape and impregnating a schoolgirl after finding fatal evidentiary and procedural flaws.

• Rape
• Impregnating a schoolgirl
• Standard of proof
• Admissibility of medical evidence
• Right to cross-examine
• Credibility of witnesses

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