kulwa so daje vs republic 2021 tzca 524 27 september 2021
The appellant's admission of sexual intercourse with PW1, who was 15 years old and not his spouse, constitutes statutory rape under section 130(2)(e) of the Penal Code. Consent is legally irrelevant in such circumstances.
- Citation
- kulwa so daje vs republic 2021 tzca 524 27 september 2021
- Parties
- Appellant: Kulwa s/o Daje; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2021
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Statutory Rape, Consent, Sexual Offences, Capacity to Consent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Parties
Kulwa s/o Daje
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the offence of rape was proved beyond reasonable doubt
- 2 Whether consent is relevant under section 130(2)(e) of the Penal Code when the victim is under 18
Ratio Decidendi
The appellant's admission of sexual intercourse with PW1, who was 15 years old and not his spouse, constitutes statutory rape under section 130(2)(e) of the Penal Code. Consent is legally irrelevant in such circumstances.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed in its entirety
- Appellant to serve thirty years' imprisonment
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment