[1941] EACA 27
The Court found that, although the trial magistrate and confirming judge did not expressly reference the corroborative evidence, the record contained sufficient corroboration of the child's unsworn testimony. This included the identification of the murder weapon as belonging to the appellant, the appellant's...
Source-derived case information.
- Citation
- [1941] EACA 27
- Parties
- Appellant: Mwereke s/o Mkutihu; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No:1 of 1941
- Procedural Posture
- Criminal Appeal / Appeal Dismissed
- Outcome
- appeal_dismissed
- Judges
- Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ
- Legal Topics
- Admissibility of Evidence, Child Witness Testimony, Corroboration, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwereke s/o Mkutihu
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissed
Legal Issues
- 1 Whether the unsworn testimony of a child of tender years requires corroboration for a murder conviction.
- 2 Whether the child's report to Bwamku is admissible under section 157 of the Indian Evidence Act.
- 3 Whether the evidence on record sufficiently corroborates the child's testimony.
Ratio Decidendi
The Court found that, although the trial magistrate and confirming judge did not expressly reference the corroborative evidence, the record contained sufficient corroboration of the child's unsworn testimony. This included the identification of the murder weapon as belonging to the appellant, the appellant's possession of a bow at the time of the killing, and his admission to his brother that he had killed the deceased. The Court further held that the child's report to Bwamku was admissible under section 157 of the Indian Evidence Act and was important in demonstrating the consistency of the child's account, thereby strengthening her credibility. Accordingly, the conviction was upheld and...
Court Disposition
appeal_dismissed
Orders
- Appeal is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
# COURT OF APPEAL FOR EASTERN AFRICA
Before Sir Joseph Sheridan, C. J. (Kenya), Sir Norman Whitley, C. J. (Uganda) and SIR HENRY WEBB, C. J. (Tanganyika)
#### REX, Respondent
## MWEREKE S/O MKUTIHU, Appellant
### Criminal Appeal No. 1 of 1941
### Appeal from decision of H. M. High Court of Tanganyika.
## Evidence—Indian Evidence Act, section 157.
Appellant appealed from a conviction of murder. The only eye-witness of the. killing was a child of tender years who as soon as possible after the killing had made a report of the matter to one Bwamku. This led to the finding of the body and the investigation of the matter.
Held (16-1-41).—That the evidence of what the child had said to Bwamku would have been admissible and was obviously important as showing the child to be consistent.
Appeal dismissed. $\cdot$
#### Appellant absent unrepresented.
, Stacev. Crown Counsel, for the Crown.
<sup>1</sup> JUDGMENT (*delivered by Sir Joseph Sheridan*, C. J.).—Although no reference is made by the trial magistrate or the learned confirming judge to the essential evidence corroborative of the unsworn testimony of the child of five years (Solu wa Tutu v. Rex (1934) 1 E. A. C. A. 183) that evidence is to be found on the record. It consists of evidence that the arrow found in the body of the deceased was identified as the appellant's, that at or about the time of the killing the appellant, when he was chased and captured by his brother, was possessed of a bow and that the appellant admitted to his brother that he had killed his wife, the deceased.
We should like to draw attention to the passage in the evidence of Bwamku bin Mbunda, "Acting on information given me by the child", and to say that what the child actually did say was admissible evidence (section 157 Indian Evidence Act) and such evidence is obviously important as showing the child to be consistent, thus adding greater weight to her evidence.
The appeal is dismissed.