HANGO OMARY HANGO VERSUS THE REPUBLIC

HANGO OMARY HANGO VERSUS THE REPUBLIC

The prosecution proved beyond reasonable doubt that the appellant raped and impregnated the victim, a school girl aged 14, based on the credible and consistent testimony of the victim, corroborated by medical evidence. The absence of DNA evidence was not fatal, contradictions in prosecution evidence were minor, and the delay in naming the accused was explained by threats and the victim's age. The cautioned statement was improperly admitted and disregarded, but the remaining evidence sufficed. The defense evidence was considered and found unconvincing.

Citation
HANGO OMARY HANGO VERSUS THE REPUBLIC
Parties
Appellant: Hango Omary Hango; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 August 2024
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed except for grounds 6 and 10, which were allowed; convictions and sentences upheld.
Legal Topics
Rape, Impregnating a School Girl, Evidence, Appeals, Credibility of Witnesses
Source Language
English
Criminal Law Rape Impregnating a School Girl Evidence Appeals Credibility of Witnesses

Case Brief

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Parties

Hango Omary Hango

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the prosecution proved the offences of rape and impregnating a school girl beyond reasonable doubt
  2. 2 Whether failure to conduct a DNA test was fatal to the prosecution case
  3. 3 Whether contradictions in prosecution evidence were material

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellant raped and impregnated the victim, a school girl aged 14, based on the credible and consistent testimony of the victim, corroborated by medical evidence. The absence of DNA evidence was not fatal, contradictions in prosecution evidence were minor, and the delay in naming the accused was explained by threats and the victim's age. The cautioned statement was improperly admitted and disregarded, but the remaining evidence sufficed. The defense evidence was considered and found unconvincing.

Court Disposition

Appeal dismissed except for grounds 6 and 10, which were allowed; convictions and sentences upheld.

Orders

  • Exhibit P3 (cautioned statement) disregarded from evidence
  • Convictions and sentences for rape and impregnating a school girl affirmed