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Tanzania decisions
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The Court of Appeal allowed a rape appeal after expunging the child complainant's evidence and finding the remaining prosecution evidence inconsistent and unreliable.
The High Court allowed a rape appeal, quashed the conviction and set aside a 30-year sentence after finding proof of age, penetration and the offence date were not established beyond reasonable doubt.
Prosecution proved rape beyond reasonable doubt through corroborated evidence of victim, grandmother, and medical doctor; identification of accused was reliable; age of victim established; appellant's defence was considered.
Source excerpt
The conviction for unnatural offence was upheld as the prosecution proved penetration through the victim's testimony, medical evidence, and corroboration by other witnesses. However, the sentence of life imprisonment was set aside and substituted with 30 years imprisonment because the prosecution failed to prove the victim's age below 18 years and the charge was not brought under the correct section requiring such proof.
Source excerpt
The conviction for rape was upheld because the victim's credible testimony established penetration beyond reasonable doubt, the age of the victim was sufficiently proved by her and her mother, and the appellant failed to challenge this evidence at trial. DNA or paternity evidence was not required for the offence charged. New grounds not raised in the first appellate court could not be entertained.
Source excerpt
The conviction for rape was properly grounded on the credible evidence of the victim, supported by her mother's testimony regarding age, and the appellant's failure to cross-examine on material points implied acceptance of the prosecution's case. DNA or paternity evidence was not required for proof of rape. New grounds not raised in the first appellate court cannot be entertained.
Source excerpt
The prosecution failed to prove the charges beyond reasonable doubt due to inconsistencies in evidence regarding age, penetration, timing, and identification; the charge sheet was not supported by witness testimony; the offence of impregnating a schoolgirl was not established as the victim was neither a primary nor secondary schoolgirl at the relevant time.
Source excerpt
Court of Appeal upheld a rape conviction, finding identification by recognition and immediate reporting reliable, and holding that the evidence proved penetration.
The High Court of Tanzania allowed a criminal appeal for unnatural offence, finding the prosecution failed to prove penetration and relied on contradictory evidence.
Court of Appeal upheld a rape conviction, holding that credible eyewitness testimony proved penetration, while the PF3 medical report was expunged for procedural error.
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