Tanzania Case Law

maganiko petro vs republic 2023 tzca 17545 29 august 2023

Court

TZCA

The conviction was upheld as the prosecution proved the case beyond reasonable doubt, supported by consistent witness testimony and the appellant's failure to challenge the evidence. The sentence was reduced from thirty to ten years as the law provides a maximum, not mandatory, sentence and the trial court acted on a wrong principle.

Source excerpt

• Impregnation of a school girl
• Sentencing discretion
• Standard of proof
• Failure to cross-examine
• Mitigating factors

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batista ngwale vs republic 2023 tzhc 19737 22 july 2023

Court

TZHC

High Court upheld a conviction for impregnating a schoolgirl, finding the victim’s credible evidence and medical proof sufficient, but reduced the 30-year sentence to three years.

• Impregnation of a school girl
• Sentencing discretion
• Corroboration in sexual offences
• Impregnation-of-a-school-girl
• Sentencing-discretion
• Corroboration-in-sexual-offences

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CRIMINAL APPEAL NO

Court

TANZLII

The conviction for rape could not stand because the acquittal on the count of impregnating a school girl, in the circumstances where both offences arose from a single alleged incident, created reasonable doubt. The prosecution failed to prove the offence of rape beyond reasonable doubt due to gaps in evidence, unreliable witness testimony, failure to consider the defence, and absence of DNA evidence to establish paternity. The delayed reporting by the victim without explanation further undermined her credibility.

Source excerpt

• Rape
• Impregnation of a school girl
• Standard of proof
• Admissibility of evidence
• Evaluation of defence evidence
• Credibility of witnesses

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osward charles vs republic 2020 tzca 1758 28 august 2020

Court

TZCA

Despite procedural irregularities in admitting the testimony of the child witness and the PF3, the conviction was sustained based on independent evidence from other witnesses and the appellant's own admissions. The sentence for impregnating a school girl was varied to remove the unlawful option of a fine.

Source excerpt

• Rape
• Impregnation of a school girl
• Evidence of child witnesses
• Procedural irregularities
• Sentencing

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20190513 TZHC Singida

Court

TZHC

The court found the prosecution proved beyond reasonable doubt that the accused raped and impregnated the victim, based on the victim's testimony, corroborated by medical and confessional evidence.

Source excerpt

• Rape
• Impregnation of a school girl
• Sexual offences against minors

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20180820 TZHC Mwanza

Court

TZHC

The High Court allowed a criminal appeal, quashed the rape and schoolgirl-impregnation convictions, set aside the 30-year sentence, and ordered release unless lawfully held.

• Rape
• Impregnation of a school girl
• Defective charge
• Chain of custody
• Proof of age
• Variance between charge and evidence

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abilahi mshamu mnali 2012 tzca 128 27 june 2012

Court

TZCA

The Court of Appeal quashed a rape and pregnancy conviction after finding improper admission of medical documents, credibility problems, and doubt in the prosecution case.

• Rape
• Impregnation of a school girl
• Admissibility of evidence
• Corroboration
• Credibility of witnesses
• Standard of proof

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