Marekano Ramadhani versus The Republic; Criminal Appeal No 202 of 2013: Court of Appeal of Tanzania at Arusha (Unreported).
- Criminal Procedure
- Charge – charge sheet that does not describe the offence and making reference to the section of law creating the offence – Effect.
- Charge –Accused charged with statutory rape – charge sheet does not disclose the offence – Effect.
- Evidence
- Witnesses- contradictions of witnesses – Effect
Held:-
(i) It is mandatory requirement under section 135 of the Criminal Procedure Act that a charge sheet should describe the offences and should make reference to the section of the law creating the offence.
(ii) In a charge of rape, an accused must know under which of the descriptions (a) –to (e) in section 130 (2) the offence he faces falls, so that he can be prepared for his defence. This lack of particulars unduly prejudiced the appellant in defence.
(iii) When an accused is charged with statutory rape, from the word go he should be informed and properly made aware that he was being charged with statutory rape so that he can adequately address the charge laid against him.
Contradictions of witnesses if are not considered minor may seriously affect credibility of witnesses.