Juma Hamad versus The Republic; Criminal Appeal No 141 of 2014: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Evidence
- Witnesses -a witness in criminal case not examined upon oath/ affirmation – Effect.
- Identification-visual identification -intensity of light not explained –Effect
Held:-
(i) Evidence, unless falls under section 127(2) of the Evidence Act that deals with evidence of children of tender age, should be taken and received upon oath or affirmation. If the procedure is not complied with, it is fatal.
(ii) When it comes to the issue of light, clear evidence must be given by the prosecution to establish beyond reasonable doubt that the light relied on by the prosecution witnesses was reasonably bright to enable identifying witness to see and positively identify the accused persons. Bare assertions that there was light would not suffice.
(iii) It is not enough to say that there was light at the scene of crime, hence the overriding need to give sufficient details on the source of light and its intensity.