Joseph Peter @ Lilenga vs Republic (Criminal Appeal No. 262 of 2021) [2023] TZCA 17942 (13 December 2023)

The case in question is a criminal appeal (No. 262 of 2021) in the Court of Appeal of Tanzania, involving Joseph Peter @ Lilenga (the appellant) and The Republic (the respondent). The appellant was initially tried and convicted on two counts of rape and armed robbery in the Court of Resident Magistrate of Njombe. He was sentenced to serve a term of thirty years for each count, with the sentences to run concurrently.

The prosecution's case was that the appellant broke into the house of MN (the victim) late at night, raped her, and then robbed her of TZS 202,500. The victim identified the appellant as the perpetrator, as he was a masonry worker who she regularly offered food and local brew. The appellant denied the charges and claimed that he was tortured into confessing to a crime he did not commit.

The trial court found the appellant guilty based on the testimonies of the victim, her husband, and the medical practitioner who examined the victim. The appellant's denial was rejected as an attempt to evade justice. The appellant appealed to the High Court, which found no valid cause to interfere with the trial court's findings and dismissed the appeal.

The appellant then appealed to the Court of Appeal. However, the respondent argued that the appeal was improperly lodged and wrongly determined, as it was lodged 250 days after the trial court's judgment, contrary to section 361 (1) (b) of the Criminal Procedure Act, Cap. 20 (the CPA), which requires an appeal to be filed within 45 days from the date of finding, sentence, or order. The appellant conceded that the appeal was lodged out of time.

The Court of Appeal agreed with the respondent's argument, stating that the first appellate court lacked jurisdiction to entertain the appeal as it was lodged out of time, making it a nullity. The Court of Appeal invoked its revisional jurisdiction to nullify the proceedings and judgment of the High Court and advised the appellant to commence proceedings in accordance with the law if he so wished.