Patrick Lazaro and Another versus The Republic; Criminal Appeal No. 229 of 2014; Court of Appeal of Tanzania at Bukoba (Unreported).
- Criminal Law
- Gang rape- what are the ingredients of gang rape?
- Rape-who can prove penetration?
- Evidence
- Visual identification-whether an accused arrested at the scene of crime can argue that he was not properly identified.
Held:-
(i) When an accused is arrested at the scene of crime the question whether he was identified or not does not arise.
(ii) In a gang rape, the prosecution must prove apart from lack of consent and penetration, the role of another person or other persons abetting or assisting in the commission of the rape. Again, the prosecution need not prove that each member of the group achieved any penetration for the offence to be committed. Penetration by one member of the group, facilitated by another or others, will be sufficient to find a conviction. Even a female member of a group can be charged and convicted of gang rape if it is proved that she was a member of the group and abetted or assisted the other member of the group to commit rape.
(iii) The victim of rape is the best witness to prove whether there was penetration or not.