NA TZHC Dar es Salaam9

~~~~ IN. TEE HIGH COURT OF TANZAHD\ AT DAR ES s.ALAA,Iv1 ' -,~- 6RIMINA.L 0 APPE.J\L NO, 104 OF 12~ I Versus ..:•' ., ,. THE REPtIDLIC 4 • 1 o o o o o o o o • • Q o o ca ca • o o • e o o # a o 4 • f .IUISPQ}JDENT JUDGMENT A, a. Dubeshi 1 Ja The a.ppellant R.ASl:IID SELEf!AN .ALLI was charged and convicted of the offence of d.efUement contrary to Section 136 of the Penal code and sentenoed to 20 years imprisonment and siE strokes of the cane. In the appeal be:f'oJUG me he was reprosented by learned advocate T-'.Ckondya while the Republic was represented by Miss Malmaiya, learned staJ00 attorney. According to evidence produced in the trial Cou:d the cooplc=J,inant PW 1 is aged 7 years· of age attending school at Kawe Prirµa1'y'Schovl., She deposed in court that sametime in August, 1992 at around 2 pn;1 as sb.e was coming from school, she met the accused also known as 11 Jun1a Daba Mtu". The appellant then asked her to accompany him to his home uhere the app- ellant defiled her. The complainant futher added that the a:::_,pellant then uould wa.it for her as she come from school took her home with him and con- tinue to defile her. And a.ccordin(; to the compai.ment this uas repeated ::m four occasions. The complaiment then upon beine; que:rried by her mother · o.s to 1;,hy she uas walking with difficul tj,es she told her nother that she ~1ad · slppt with the appellant. Her father took her to the police station 1rhere she was (siven a PF. 3 for treatment at Nwana.nyamala Dispensary. The appellant was a,,pprehended and an identifioation parade conducted beca- use there was a ot,c up with appellants names 7 sometimes he would be known as "Juma Daba Mtu" and his other names were Rashid Sel0E1an Allio ..t.t -~his identif'ication parade PU.5 Inspector Raja.au statod in Cot,._rt that the' comp- lainant lifyatm--u Mesige was able to idcmtify the ap1)clla11t even after changing three ::positions and putting on differe:pt attires each tine. f.. "( I