salim abdallah maganga vs republic 2023 tzca 17680 2 october 2023
The charge was materially at variance with the evidence regarding both the nature of the offence (rape vs. gang rape) and the place of commission, and no amendment was made; this prejudiced the appellant and rendered the charge unproved beyond reasonable doubt.
Source excerpt
- Variance between charge and evidence
- Rape
- Gang rape
- Place of commission
- Amendment of charge