Samwel Abraham @ Chuma vs Republic (Criminal Appeal No. 531 of 2020) [2023] TZCA 61 (24 February 2023)

The appellant, Samwel Abraham @ Chuma, was convicted for the offence of rape, contrary to sections 130(l)(2)(e) and 131(1) of the Penal Code Cap. 16 R.E 2002. The victim was a 13-year-old female pupil, making her a minor under the law. The appellant was sentenced to a term of thirty years in jail. He appealed against the conviction before the High Court of Tanzania, at Dar es Salaam but lost. Still aggrieved, he appealed before the Court of Appeal.

The main issue for determination was whether the prosecution case was proved beyond reasonable doubt against the appellant. The appellant raised five points of grievance, including the misdirection of the first appellate court in upholding his conviction, the error in upholding his conviction without noticing that the date of the rape incident was not proved without doubts, and the failure of the first appellate court to properly analyse and evaluate evidence on record.

The Court of Appeal dismissed all the grounds of appeal. It held that the evidence of the victim was firm, coherent, and credible enough and did not need corroboration given the nature of the offence charged. The Court also found that the appellant's failure to cross-examine the victim and his refusal to defend himself strengthened the prosecution case. The Court further held that the variance in the dates of the incident was a minor lapse and did not go to the root of the matter.

The Court did not identify any error in law or misapplication of the law. The Court found no merit in the appeal and dismissed it in its entirety.