Sixmund Angelus Masoud vs Republic (Criminal Appeal No. 85 of 2021) [2023] TZCA 17601 (5 September 2023)

The case is a criminal appeal involving Sixmund Angelus Masoud, the appellant, and The Republic, the respondent. The appellant was charged with the offence of Grave Sexual Abuse under section 138(1)(a) and (2)(b) of the Penal Code. The crime involved the appellant sexually abusing a five-year-old girl, referred to as PW2 or "the victim", who is a minor.

The appellant appealed against his conviction and sentence of twenty years imprisonment and an order to pay compensation of Tshs. 200,000/= to the victim. The appeal raised six grounds, including the improper admission of the victim's evidence, non-compliance with section 240(3) of the Criminal Procedure Act, reliance on discredited and untenable evidence, failure to summon vital witnesses, failure to consider defence evidence, and conviction on weak evidence.

The Court of Appeal dismissed all the grounds of appeal. It held that the victim's evidence was properly admitted under section 127(2) of the Tanzania Evidence Act, which allows a child of tender age to give evidence without taking an oath or making an affirmation. The court also found that the prosecution had complied with section 240(3) of the Criminal Procedure Act, as there was no medical report tendered in evidence, hence the appellant had no medical expert to cross-examine. The court further held that the evidence of the prosecution witnesses was credible and reliable, and that the appellant's defence was properly considered and found to be weak.

The court also dismissed the appellant's complaint about the failure to call vital witnesses, stating that the prosecution had the duty to call any number of witnesses required to prove its case, and that the quality of evidence is more important than the quantity. The court found that the charge against the appellant was proved beyond reasonable doubt.