R vs Ramadhani Ismael (1950)

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Ramadhani Ismael was charged with the rape of a young girl who was living in the village with her parents. After the rape, the young girl unlocked the door and ran to her parents’ house who were a few meters away from the accused’s house. She held her father’s hand, took him to the accused’s house, pointed at Ramadhan Ismael and said, “Daddy, this is the Bwana.”

This case is used in the topic of Res Gestae. The question was whether the young girl’s statement formed part of the transaction.

The transaction here was rape and it was already finished by the time she went to call her father.

The court held it was not part of the transaction. The transaction was already over.

“when it comes to a matter of res gestae minutes are a matter of the utmost importance.”

This case is an example of bad law.