Halfan Rajabu Mohamed vs Republic (Criminal Appeal 281 of 2020) [2023] TZCA 178 (6 April 2023)

Case summary

The case in question is a criminal appeal (No. 281 of 2020) heard in the Court of Appeal of Tanzania. The appellant, Halfan Rajabu Mohamed, was appealing against his conviction for an unnatural offence, contrary to section 154 (1) (a) and (2) of the Penal Code. The offence involved the appellant having carnal knowledge of a minor boy, aged five years, against the order of nature. The appellant was sentenced to statutory life imprisonment.

The appellant raised seven grounds of appeal, including a variance between prosecution evidence and the charge regarding the date the offence was allegedly committed, the admission of the victim's evidence in contravention of section 127(2) of the Evidence Act, and the conviction being based on unjustified uncorroborated prosecution evidence. Other grounds included errors in appraising the credibility of prosecution witnesses, the prosecution's failure to prove its case beyond reasonable doubt, and the court's reliance on a cautioned statement without determining if it was a voluntary confession.

The Court of Appeal dismissed all grounds of appeal. It found that the variance in the charge did not prejudice the appellant, and the child victim's promise to tell the truth was sufficient under section 127(2) of the Evidence Act. The court also held that the prosecution had proved its case beyond reasonable doubt, with the appellant's confession being the best evidence of his guilt. The court found no error in the trial court's appraisal of the credibility of prosecution witnesses and held that the cautioned statement was voluntarily made.

The appeal was dismissed in its entirety.

Loading PDF...

This document is 270.9 KB. Do you want to load it?

▲ To the top