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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.
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Cited documents 4
Judgment 4
- Khalfan s/o Runyenye @ Mchinjiko vs Republic (Criminal Appeal 131 of 2020) [2022] TZCA 324 (9 June 2022)
- Khalidi Mlyuka vs Republic (Criminal Appeal 442 of 2019) [2021] TZCA 539 (29 September 2021)
- Sylivester Stephano vs Republic (Criminal Appeal 527 of 2016) [2018] TZCA 306 (3 December 2018)
- Wambura Kiginga vs Republic (Criminal Appeal 301 of 2018) [2022] TZCA 283 (13 May 2022)
Documents citing this one 3
Judgment 3
- MOHAMED MSHAMU MOHAMED. Vs REPUBLIC (Criminal Appeal 151 of 2023) [2023] TZHC 23915 (14 November 2023)
- Rajabu Waziri vs Republic (Criminal Appeal No. 167 of 2023) [2023] TZHC 23126 (30 October 2023)
- Ramadhani Ramadhani @ Kinyamgunda vs Republic (Criminal Appeal No. 99 of 2023) [2023] TZHC 23749 (14 November 2023)