19981110 TZHC Mbeya 1

- •L_-flJ( IN T I- HIGH COURT OF TANZANI.A AT HBEYA MISC. CRIMI'PiiL APPLICATI 0 N h"8 OF 1998 (ORIGII'L.O1-LIi•JINAL -CASE 1O.117 OF 1996 OF THE DIT7LICT COURT OF .MBOZI DISTRICT AT' VA IA) SI•IRI 'T.AIjrjNTi):TC)0 e'• e ., . .0 • • .. APPEIIAJJT TUE REPLJBLIO . . . , ,, . . .HESP0iDE-JT JUDGIENT The appellant ; ".Si.riri. s/o Valentino was, convicted with •' untural offence, of sodo:y c/s 154(1) f-the Penal Cod He ...." was sentenced to 8 years imprisomeita .He has appealed . both the conviction and sentence • The learned Mr. ]iionifaoe State Attorney has o.)pbsGdt1us al3peal since he said there was uffiQient evidence to prove the offence. . The accused and 2'11 Chrispiq s/a ipeta were among loCked .... up remandees at the Tunthmia Police Station. On 17/9/1996 ................ around 11.00 P.M. the accused wiai3c in cind was 1 Led to have beaten up other romandees while telling them to sleep.:: He when forced the complainant PW1 to no to the..- latrine. whre, :. he sodornized him by. force. PW1 cried f or help and the Police opened up the lock- up nd found PT1 already sodmized nd crying ile complaining to have been sodonuzod, He was cx und by the doctor who confirmed that there were sperms in his onus, In his defene the totifie'd that the evidence of the prosecution was cooked .... ictiinize him, The PP.3 showed that the victim was bruised in his rectum. . . 4/2 2 - There was enough evidence oorrobortivB to the evidence of ?Wl from PW2whon wen to rescue the complainant aftr hearing the alarm coming from the remand0 The PF.3 confirm an assault of an uimatur:l offence having been committed upon his rectum0 P11 3 Gestoni washiuye is a co—remandee who was in the lock—up on the relevant day and id the accuseappe1lant soclomizing PWI who cri.cd for help until when the police and arrested the accused 0 From the evidence available in this crime the prose eution established beyond reasonable that the appellait sodou.ized pW1 forecly and unlawfully, The grounds raised ôrz appeal ro useless. This ppcl lacks rnct. This is disnised both against conviction and sentence of 8 years which is quite pir in the circumstances of this case. There was light in the cell and latrine coming from an electric bulb. sgd: : L.'i. MIPO]PO, J. S .10.11.98. oiL2 / Coram: Hon. Mwipopo J. Roe ondent - present Fr'11i - Mr. I3oniface, State Attorney - present /C Mrs. ipnzi. Cort gud.gement eolicced in the presence of the 1ant, sgd E.L.K. MWIPOPO, J l0lll998 etified true copy of the oginal Juément. DISTRICT REGISTRR MBEA