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
- Case summary
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The case is a criminal appeal from Tanzania, where the appellant, Ahamad Salum Hassan, was charged with and convicted of rape under section 130(1) (2) (e) and 131 (1) of the Penal Code. The victim was a 14-year-old girl, making her a minor. The crime occurred between September and November 2017. The appellant was sentenced to 30 years imprisonment by the Resident Magistrate Court of Morogoro, a decision upheld by the Resident Magistrate's Court of Morogoro with Extended Jurisdiction.
The appellant appealed on three main grounds. Firstly, he argued that his conviction was based on the evidence of the victim, which was received in violation of section 127(2) of the Tanzania Evidence Act. Secondly, he contended that exhibit PI was improperly received into evidence. Lastly, he claimed that the case against him was not proved beyond reasonable doubt.
The Court of Appeal agreed with the appellant on all grounds. It found that the victim's evidence was improperly admitted as she testified on affirmation without the trial court satisfying itself of her competence to testify as such, in violation of section 127(2) of the Evidence Act. The court also agreed that exhibit PI was improperly admitted as it was not read out and explained to the appellant when it was cleared for admission, referencing the case of Robinson Mwanjisi and Others v. R [2003] T.L.R. 218. Lastly, the court found that without the victim's evidence, the remaining evidence was insufficient to prove the case beyond reasonable doubt.
The appeal was allowed, the conviction quashed, and the sentence set aside. The appellant was ordered to be released from custody unless held for another lawful purpose.
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Cited documents 5
Judgment 5
- Hassan Yusuph Ally vs Republic (Criminal Appeal 462 of 2019) [2021] TZCA 472 (14 September 2021)
- Issa Reji Mafita vs Republic (Criminal Appeal 337 of 2020) [2021] TZCA 404 (24 August 2021)
- Jafari Majani vs Republic (Civil Appeal 402 of 2019) [2021] TZCA 466 (6 September 2021)
- John Mkorongo James vs Republic (Criminal Appeal 498 of 2020) [2022] TZCA 111 (11 March 2022)
- Nestory Simchimba vs Republic (Criminal Appeal 454 of 2017) [2020] TZCA 155 (1 April 2020)
Documents citing this one 6
Judgment 6
- Danford Buganzi @ Chama vs Republic (Criminal Appeal 75 of 2023) [2024] TZHC 1399 (2 April 2024)
- Elineema Oscar Mwandry vs Republic (Criminal Appeal No. 71 of 2023) [2024] TZHC 1646 (29 April 2024)
- Hamad Athuman Mifinanga vs Republic (Criminal Appeal No. 43 of 2023) [2023] TZHC 23133 (27 November 2023)
- Prince Charles s/o Charles Manang vs The Republic (Criminal Appeal No. 49 of 2023) [2023] TZHC 19468 (21 July 2023)
- Republic vs Miriam d/o Steven Mrita & Another (Criminal Session Case No. 103 of 2018) [2024] TZHC 397 (23 February 2024)
- Subira Ibrahim @ Simule vs Republic (DC Criminal Appeal No. 58 of 2023) [2024] TZHC 1272 (4 April 2024)