Daudi Anthony Mzuka vs Republic (Criminal Appeal 297 of 2021) [2023] TZCA 165 (30 March 2023)

The case involved Daudi Anthony Mzuka, who was convicted of the crime of rape under the Tanzanian Penal Code. The victim was an eight-year-old girl, making her a minor. The main facts of the case revolve around the incident that occurred on 12/11/2019, where Mzuka was accused of sexually assaulting the girl. The case was initially tried in the District Court of Kilwa, which found Mzuka guilty and sentenced him to 30 years' imprisonment. Mzuka appealed to the High Court, but his appeal was dismissed.

Mzuka then appealed to the Court of Appeal, raising three main issues. First, he argued that the charge was defective due to the wrong citation of a punishment provision in the charge sheet section; 131 (2) (a) of the Penal Code. Second, he claimed that the two lower courts did not consider his defence. Lastly, he contended that the case against him was not proved to the required standard.

The Court of Appeal agreed with Mzuka on the second and third issues. It found that part of Mzuka's defence was not considered by the two lower courts, which was a failure to evaluate the evidence properly. The Court also agreed that the prosecution's evidence was weak and did not prove the charge beyond a reasonable doubt. The Court found that the victim's credibility was questionable, and her evidence required corroboration, which was not sufficiently provided.

However, the Court disagreed with Mzuka on the first issue. It held that the wrong citation of the punishment provision in the charge sheet did not render the charge defective. The Court referred to its previous decisions in Abdul Mohamed Namwanga @ Madodo v. Republic and Faustin Yusuph v. Republic, which held that citation of a punishment section in a charge sheet is not a legal requirement and that such a wrong citation was a curable irregularity under section 388 of the Criminal Procedure Act.

As a result of these findings, the Court of Appeal quashed Mzuka's conviction and set aside his sentence. The Court ordered that Mzuka be released from custody immediately unless held for any other lawful cause.