Juma Salis @ Jonas versus The Republic; Criminal Appeal No 263 of 2014: Court of Appeal of Tanzania at Arusha (Unreported)
- Evidence
- Identification – visual identification -whether familiarity of the accused is sufficient.
Held:-
The question of familiarity will only hold if the conditions prevailing at the scene of crime were conducive for correct identification. If the conditions are not conducive for correct identification, then the question of familiarity does not arise at all. So when the familiarity especially during the night time is raised, the court must first satisfy itself whether the conditions prevailing are conducive for correct identification. It is not enough to give a bare statement that the witness knew his assailant before the incident. The witness must explain the circumstances which enabled him identify at the scene of crime.