Idd Ismail versus The Republic; Criminal Appeal No.69 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported)
- Evidence
- Identification-visual identification should be watertight
- Doctrine of recent possession - when applicable
Held:-
(i) In a case involving evidence of visual identification, no court should act on such evidence unless all possibilities of mistaken identity are eliminated and that the court is satisfied that the evidence before it is absolutely watertight. For instance intensity of the lights must be explained.
(ii)m For the doctrine of recent possession to apply, apart from an accused being found in possession of property proved to have been very recently stolen, the one who claimed ownership of the property must show through evidence that the property belonged to him. Bare assertion is not enough. Short of that the doctrine of recent possession would not hold.