Solomon Mazala versus The Republic

Solomon Mazala versus The Republic; Criminal Appeal No. 136 of 2012:  Court of Appeal of Tanzania at Dodoma (Unreported).

• Evidence

• Rape – Statutory rape – age of the victim must be proved.

Held:-

Citation of the age of the victim in the charge sheet and by a magistrate regarding the age of a witness before giving evidence, are not part of the evidence before the trial court and cannot therefore be taken to prove the age of the victim. In the absence of the age of the victim of statutory rape conviction cannot held.