Taxonomies
- Analytics > Procedure > Rules of evidence misapplied
- Analytics > Type of crime > Rape > Rape of minor s130(1)(2)(e)
- Analytics > Orders > Conviction quashed
- Analytics > Orders > Sentence set aside
- Analytics > Orders > Appellant to be released
- Analytics > Victim is a minor
- Analytics > Procedure > Child giving evidence s127(2) and (3) Evidence Act
- Analytics > Procedure > Prosecution fails to prove an essential element of the crime
- Analytics > Procedure > Credibility of witnesses
- Analytics > Procedure > Improper conviction in trial court
- Case summary
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In the case "Tito Paulo Kuchungura vs Republic (Criminal Appeal No 570 of 2020)", Tito Paulo Kuchungura, the appellant, was convicted of rape. The appellant argued that the evidence presented, particularly by family members of the victim, was unreliable. The Court of Appeal found that the prosecution failed to prove the case beyond reasonable doubt, especially regarding the location of the alleged offense and the victim's medical history. Consequently, the Court allowed the appeal, quashed the conviction, set aside the sentence, and ordered the appellant's release.
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