Mohamed Hamis versus The Republic

Mohamed Hamis versus The Republic; Criminal Appeal No. 114 of 2013: Court of Appeal of Tanzania at Mtwara (Unreported).

  • Evidence
  • Cross – examination – Failure to cross – examine a witness – Effect.

 

  • Criminal law
  • Rape-rape committed with a boy below 18 years – what is the proper punishment?

Held:-

(i) It is settled law that failure to cross –examine a witness on a particular point /issue, leaves his evidence to stand unchallenged.

(ii) When rape is committed by a boy below 18 years, and he is the first offender, the proper sentence is corporal punishment only.

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Case Categories: 
Criminal Law›Rape
Evidence›Cross Examination