Shabani Salim vs Republic (Criminal Appeal No. 519 2021) [2023] TZCA 18015 (21 December 2023)

Shabani Salimu was convicted of rape under sections 130 (1) and (2) (e) and 131 (1) of the Penal Code. The crime involved a 13-year-old girl, a minor. Salimu was arrested on 16th June 2019 and taken to court on 2nd July 2019. He appealed the conviction, arguing that he was wrongly convicted on a defective charge, that the evidence was received contrary to law, and that the delay in his arraignment indicated a fabricated case. He also claimed his defence of intoxication was not considered.

The appeal court dismissed all of Salimu's claims. It ruled that the delay in arraignment did not invalidate the trial and found no evidence to support Salimu's intoxication defence. The court also found no error in the reception of evidence or in the charge against Salimu. The court's decision was based on the strength of the prosecution's evidence, including the victim's testimony, the medical examination report, and Salimu's confession. The court found the prosecution had proved the case beyond reasonable doubt.

The Court of Appeal upheld the High Court's decision and dismissed the appeal in its entirety.