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Citation
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Judgment date
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| December 2022 |
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Judgment naming two different magistrates without explanation rendered conviction and sentence incompetent; judgment quashed and remitted.
Criminal procedure – Judgment bearing inconsistent magistrate names – Internal inconsistency in judgment document without affidavit or reasons renders judgment incompetent; conviction and sentence quashed and matter remitted for proper judgment.
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19 December 2022 |
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Mitengo house held matrimonial property; unchallenged contribution evidence upheld and appeal dismissed under s114 LMA.
* Law of Marriage Act s114 – division of matrimonial assets – scope and factors (customs, contribution in money/work, debts, children's needs) * Extent of contribution – question of evidence; unchallenged testimony treated as accepted * Appellate limits – second appellate court will not decide new factual issues not raised earlier * Reconciliation forums (Kadhi/ward) must not usurp judicial jurisdiction to divide matrimonial property
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19 December 2022 |
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Failure to renew a fixed‑term contract is not unfair termination absent a reasonable expectation of renewal.
Employment law – Fixed‑term contracts – Expiry and non‑renewal; Reasonable expectation of renewal as precondition for unfair termination; Evidence – admissibility and weight of email communications; Allegation of bias/improper procurement of CMA award; Abscondment and its effect on expectation of renewal.
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19 December 2022 |
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DNA evidence is persuasive but not conclusive; defective probate proceedings set aside and retrial ordered considering wider evidence on paternity.
* Probate law – proof of parentage – section 35 Law of the Child Act – birth register entries, customary ceremonies, public acknowledgement and DNA results as forms of evidence.
* Forensic evidence – DNA testing persuasive but not conclusive in civil parentage disputes; consent and genetic privacy considerations.
* Civil procedure – defective proceedings and missing original file – judgments set aside; retrial ordered under original cause with directions.
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19 December 2022 |
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Appellate court quashed statutory rape conviction where penetration was not proved and material inconsistencies rendered the prosecution's case unsafe.
Criminal law – Rape and statutory rape – proof of age of victim – inference of age versus documentary proof – proof of penetration – victim's evidence and medical reports – material inconsistencies in prosecution evidence going to the root of the case – defective conviction and wrong statutory citation – appellate power to quash conviction.
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19 December 2022 |
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Both cooperative union and warehouse operator held jointly liable; plaintiff awarded TZS 532,164,563 plus general damages and costs.
Commercial law – sale and delivery of agricultural produce; Warehouse receipts regime – mis-delivery (Form No.7) and evidentiary weight; Joint liability of cooperative union and licensed warehouse operator; Assessment of specific and general damages; Interest at bank commercial rate.
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15 December 2022 |
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High Court upholds application of Islamic succession, denies aunt’s inheritance claim, and orders estate distribution to sole heir.
Probate and succession — applicability of Islamic Law of Succession — heirs limited to blood or marriage; care and guardianship do not confer inheritance rights; letters of administration — revocation discretionary and not warranted where lower courts’ concurrent findings are not manifestly erroneous; validity of customary/Islamic marriages without certificate for succession purposes.
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15 December 2022 |
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Appeal dismissed: appellant failed to prove land ownership; tribunal's evidence assessment and omission of assessors' opinions immaterial.
Land law – proof of ownership – burden of proof; assessment of quality versus quantity of evidence; locus standi of sellers/administrators; non-binding nature of assessors’ opinions in tribunal judgments.
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15 December 2022 |
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Appeal against revocation of letters of administration dismissed; lower courts' factual findings and widow's rights upheld.
* Probate law – revocation of letters of administration – exercise of Primary Court’s power to revoke – requirement for justifiable grounds and procedural fairness. * Civil procedure – second appeal – deference to concurrent findings of fact unless perverse or resulting in miscarriage of justice. * Family/matrimonial property – widow's contributions considered in probate disputes.
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15 December 2022 |
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Appeal dismissed: High Court finds DLHT properly evaluated evidence and upholds land ownership decision, no costs.
* Land law – proof of ownership – evaluation of evidence by tribunal; * Civil procedure – appellate review of tribunal’s evaluation of evidence; * Evidence – admissibility and weight of documentary and oral evidence, hearsay; * Locus in quo – significance of ward tribunal’s site visit; * Legal representation – impact of technical grounds raised by lay litigant.
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15 December 2022 |
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Amendment requiring Attorney General's joinder applies retrospectively; failure to join vitiates district court proceedings.
* Procedural law — retrospective operation — amendments to procedural provisions apply retrospectively unless expressly excluded.
* Government proceedings — Written Laws (Misc. Amendment) Act No.1 of 2020 — amendment widened "Government" to include local government authorities and required joinder of the Attorney General as a necessary party.
* Civil procedure — jurisdiction — suits against government/local authorities must be instituted in appropriate forum as prescribed; failure to join AG vitiates proceedings.
* Civil Procedure Code — Order VII R.10 — return of plaint for non-joinder of necessary party.
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8 December 2022 |
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Lower courts failed to verify Islamic marriage form and reconciliation procedure; proceedings set aside and retrial ordered.
Family law – matrimonial causes – verification of form of marriage (Islamic marriage) – requirement to produce proof and use appropriate reconciliation forum (BAKWATA) – voluntariness of marriage – concurrent findings and interference – retrial ordered where proceedings are illegal or defective.
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6 December 2022 |
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A village council’s unlawful reallocation cannot divest the appellant’s ownership; appellant declared owner of Plot No.56.
Land law – ownership dispute – validity of village council allocation; unlawful acquisition and subdivision of privately owned farm; burden of proof under sections 110 & 111 Law of Evidence Act; assessor’s opinion and tribunal’s evaluation of evidence; declaration of title and setting aside of tribunal judgment.
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6 December 2022 |
| November 2022 |
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Conviction quashed where plea was taken without ensuring a foreign accused understood the court’s language and charges.
Criminal procedure — Plea of guilty — Requirements under s.228 CPA — Language competence of accused (foreign nationals) — Plea entered under mistake or misapprehension vitiates conviction — Procedural irregularities — Quashing conviction and setting aside sentence.
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30 November 2022 |
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High Court restores Primary Court conviction, quashes District Court's jurisdictional ruling, substitutes conditional discharge.
Criminal law – arson (setting fire to crops) – jurisdiction of Primary Court – application/misapplication of section 21(1)(b) Magistrates Courts Act (Cap 11 R.E.2019) – sufficiency of eyewitness evidence – second appeal (point of law).
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30 November 2022 |
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Alibi non-compliance and credible victim identification supported conviction; appeal dismissed.
* Criminal law – Rape – elements: penetration, identification and credibility of victim – a victim’s direct evidence can ground conviction; medical evidence of penetration corroborative.
* Criminal procedure – Alibi – statutory notice under section 94(4) CPA: non-compliance permits disregard of alibi evidence (section 94(6)).
* Evidence – contradictions between witnesses not necessarily fatal; materiality determines effect on prosecution case.
* Evidence – hearsay/fabrication: trial court must be shown to have relied on inadmissible evidence before setting aside conviction.
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30 November 2022 |
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Prosecution failed to prove murder beyond reasonable doubt due to weak circumstantial evidence and unreliable investigative evidence.
* Criminal law – Murder – elements: death, unlawful causation, malice aforethought – burden of proof beyond reasonable doubt.
* Evidence – circumstantial evidence and missing key witnesses – adverse inference where prosecution fails to call material witnesses.
* Evidence – cautioned statements and informer/remandee evidence – reliability, potential coercion and investigative impropriety.
* Fair trial – allegations of torture/coercion undermine confession admissibility and probative value.
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30 November 2022 |
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Circumstantial evidence connected the accused to the victim's death but lack of malice resulted in manslaughter convictions and ten-year sentences.
Criminal law – murder vs manslaughter; circumstantial evidence; requirement to prove malice aforethought; conviction on lesser offence under s.300 Criminal Procedure Act; sentencing and credit for time in custody.
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30 November 2022 |
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High Court restored primary court arson conviction, finding appellate court wrongly quashed it despite unchallenged eyewitness evidence.
Criminal law — Arson: Sufficiency of eyewitness evidence; failure to cross-examine as acceptance of testimony; appellate review under s.21(1)(b) Magistrates' Courts Act; variation of sentence by higher court.
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30 November 2022 |
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Conviction quashed where prosecution evidence was insufficient and suspicion could not substitute for proof beyond reasonable doubt.
Criminal law – theft by argent (s.273(b) Penal Code) – proof of possession and guilt; evidentiary sufficiency – requirement that prosecution prove case beyond reasonable doubt; procedural compliance – non‑reading of evidence under s.210 CPA; suspicion insufficient for conviction; missing exhibits and absent witnesses undermining prosecution case.
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29 November 2022 |
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Court reduced murder to manslaughter where death arose from a fight/self‑defence and malice aforethought was not proved.
Criminal law – Murder versus manslaughter – malice aforethought – killing in the course of a fight and self‑defence – eyewitness identification and post‑mortem evidence – assessors’ opinion not binding – sentencing and credit for pre‑trial custody.
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29 November 2022 |
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Conviction for statutory rape quashed due to defective charge particulars denying right to defend; sentence set aside and release ordered.
Criminal law – Statutory rape: elements (age, penetration, identification, credibility) – Trial procedure: voir dire under s.127(2) TEA – Charge particulars: failure to disclose offence; incurable defect under s.388 CPA – Right to be heard/natural justice – Appellant’s age and ill health – Conviction quashed and sentence set aside.
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25 November 2022 |
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A defective charge omitting an essential element deprived the applicant of notice; conviction quashed and sentence set aside.
Criminal law – Charge sheet particulars – omission of essential element (intent) – accused must know nature of case – defective charge incurable under s.388 Criminal Procedure Act – retrial not ordered – conviction quashed and sentence set aside.
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25 November 2022 |
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Failure to read the charge sheet and other procedural defects rendered the appellant’s trial a nullity; conviction quashed, retrial ordered.
Criminal procedure — requirement to read charge sheet in open court; failure to read charge sheet renders trial a nullity; right to cross‑examine tendering witness; failure to read admitted exhibits; remedy: quash conviction and order retrial.
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25 November 2022 |
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Conviction quashed where procedural defects (no formal conviction, unsigned record) rendered detention and sentence unlawful.
* Criminal Procedure – Plea of guilty – Requirements under section 228 CPA – plea must be unequivocal and recorded in accused's words. * Procedural irregularities – failure to show charge read, missing magistrate’s signature, absence of formal conviction – vitiate proceedings. * Illegal detention – conviction quashed and sentence set aside where formal conviction not entered.
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25 November 2022 |
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11 November 2022 |
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Extension of time to appeal denied where applicant failed to demonstrate sufficient cause despite unopposed application.
* Criminal procedure – extension of time to appeal – applicant must show sufficient/good cause; discretion of the court to grant extension must be judicially exercised. * Evidence – burden remains on applicant to place material moving the court to exercise discretion even if respondent does not oppose. * Practice – sufficiency of reasons determined by reference to all circumstances of each case.
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7 November 2022 |
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The accused’s guilty plea to manslaughter and balancing of aggravating/mitigating factors resulted in a 15-year imprisonment sentence.
Manslaughter – guilty plea accepted – sentencing: balancing aggravating factors (knife attack, cruelty, domestic violence, deterrence) and mitigating factors (youth, first offender, remorse) – guidance from sentencing manual and Court of Appeal precedents – 15 years imprisonment.
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7 November 2022 |
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2 November 2022 |
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2 November 2022 |
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2 November 2022 |
| October 2022 |
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31 October 2022 |
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31 October 2022 |
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Equivocal guilty plea and insufficient circumstantial evidence rendered the trafficking conviction unsafe; conviction quashed and sentence set aside.
Criminal law – Plea of guilty – Equivocal plea where accused unrepresented and allegedly coerced – Safety of conviction; Evidence – Circumstantial evidence must exclude reasonable alternative interpretations; Procedure – Failure to tender/read exhibits and absence of chemist report; Bail – DCEA s29(1)(b) bars bail for trafficking exceeding 20kg.
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31 October 2022 |
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31 October 2022 |
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31 October 2022 |
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Conviction quashed where identity was unsafe due to darkness, intoxication and insufficient corroboration.
Criminal law – Unnatural offence; identification at night; intoxication of victim and accused; role of clinical/medical corroboration; requirement proof beyond reasonable doubt; inadmissibility of evidence affected by oath irregularity.
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31 October 2022 |
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Conviction quashed where prosecution failed to prove cultivation beyond reasonable doubt amid delay and custody doubts.
Criminal law – Burden and standard of proof – Proof beyond reasonable doubt – Delay in charging and custody issues undermining prosecution case; Evidence – chain of custody and seizure formalities – oral evidence and chemist report admissible but must satisfy credibility and logical consistency; Prior convictions – cannot substitute for proof of separate charges.
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31 October 2022 |
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Appeal allowed: procedural defects, misapplied recent-possession doctrine and prosecutorial unfairness rendered convictions unsafe.
Criminal procedure — Evidence — Witness testifying without oath contrary to section 198 CPA; improper admission/tendering of exhibits; doctrine of recent possession — requirement that accused be found in possession; prosecutorial conduct — withdrawal/release of co-accused and turning accused into witnesses may render case unfair and convictions unsafe.
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31 October 2022 |
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Appellate court affirms statutory rape conviction based on credible victim identification and medical corroboration.
* Criminal law – Statutory rape – proof beyond reasonable doubt – victim’s evidence and medical corroboration; identification parade and description at police station; variations in witness naming immaterial. * Criminal procedure – admissibility/tendering of complainant’s statement not mandatory where accused supplied; identification parade law (s.60 CPA and PGO). * Forensic evidence – DNA/medical tests persuasive but not legally required in all rape prosecutions. * Evaluation of defence – failure to cross‑examine and weak defence do not raise reasonable doubt.
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31 October 2022 |
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31 October 2022 |
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Appellants failed to produce witnesses or documents and the appeal against a DLHT trespass finding was dismissed.
* Land law – ownership and trespass – burden of proof under section 110 Evidence Act – respondent must prove ownership. * Evidence – evaluation of oral testimony, calling witnesses, tendering documents, and consequences of failing to produce evidence. * Procedure – natural justice (right to be heard) and appellate review of tribunal’s factual findings. * Abuse of process – admonition against dilatory or half‑hearted appeals.
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27 October 2022 |
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Appeal dismissed: seller's testimony sufficed, vendor had locus to sell, tribunal's ownership finding upheld.
Land law – ownership dispute – non-joinder of seller; locus standi to sell land; probate irrelevant where vendor received land inter vivos; assessment of evidence on balance of probabilities.
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27 October 2022 |
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27 October 2022 |
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Extension of time to appeal granted due to tribunal’s delayed supply of certified copies and alleged illegality in the judgment.
Land law — extension of time to appeal under s.38(1) Land Disputes Courts Act; Limitation — exclusion of technical delay under s.19 Law of Limitation Act; Grounds — alleged illegality (misapplication of adverse possession) as sufficient cause; Procedure — requirement of diligence in seeking extension.
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27 October 2022 |
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The respondent's electricity-damage suit was filed in a court lacking jurisdiction; EWURA is the appropriate forum.
Consumer protection; regulatory jurisdiction – EWURA – disputes arising from electricity supply; interpretation of "may" in sector statutes; implied bar/ouster of ordinary court jurisdiction; proceedings in excess of jurisdiction are nullity; reliance on Salim O. Kabora v. TANESCO.
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27 October 2022 |
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A filing deadline falling on a public holiday is excluded; filing on the next court day is deemed timely.
Civil procedure – leave to appeal – computation of time under Rule 45(a) of the Court of Appeal Rules and section 60 of the Interpretation of Laws Act; Law of Limitation Act s.19(6) – exclusion of days when court is closed (public holidays); Overriding Objective principle – avoidance of technicalities in timely filings.
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27 October 2022 |
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Leave to appeal granted where arguable points of law include marriage recognition and the necessity of DNA evidence for parentage.
Leave to appeal — criteria for grant: points of law must appear on the face of the record; prima facie/arguable appeal or public importance required — issues include recognition of secret/Islamic marriage, admissibility of primary court exhibit, hearsay evidence, requirement of DNA/scientific proof for parentage, and application of civil standard of proof.
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25 October 2022 |
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Failure to read admitted documentary exhibits violated fair trial rights, leading to expungement and quashing of the conviction.
Evidence — Documentary exhibits admitted but not read aloud — failure fatal; remedy expunge exhibits; fair trial principle that accused must hear contents; insufficiency of remaining evidence to sustain conviction for unlawful possession of government trophy.
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25 October 2022 |
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Conviction quashed where penetration and medical proof were lacking and exhibits were improperly admitted.
Rape — element of penetration under section 130(4)(a); victim evidence treated with caution; delay in medical examination undermining proof; failure to read admitted documentary exhibits (PF3, caution statement) — expungement; insufficiency of remaining evidence — conviction quashed.
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25 October 2022 |