JUDGMENT LOSHIRU SAILEPU VS

JUDGMENT LOSHIRU SAILEPU VS

The complainant's testimony was improperly received without oath or affirmation and was expunged. The appellant's cautioned statement was properly admitted and certified, and established that he had sexual intercourse with a girl under eighteen, as inferred from her being a Standard VII pupil. The prosecution failed to prove impregnation due to lack of direct evidence after expunging the complainant's testimony. Conviction for rape is upheld; conviction for impregnation is quashed.

Citation
JUDGMENT LOSHIRU SAILEPU VS
Parties
Appellant: Loshiru Sailepu; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 August 2024
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal allowed in part; conviction and sentence for impregnation quashed; conviction and sentence for rape upheld.
Legal Topics
Rape, Statutory Rape, Evidence Law, Procedure, Confession, Age Determination, Impregnation of Schoolgirl
Source Language
English
Criminal Law Rape Statutory Rape Evidence Law Procedure Confession Age Determination Impregnation of Schoolgirl

Case Brief

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Parties

Loshiru Sailepu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the complainant's testimony was properly received without oath or affirmation
  2. 2 Whether the cautioned statement was admissible and properly recorded
  3. 3 Whether the complainant's age was proven

Ratio Decidendi

The complainant's testimony was improperly received without oath or affirmation and was expunged. The appellant's cautioned statement was properly admitted and certified, and established that he had sexual intercourse with a girl under eighteen, as inferred from her being a Standard VII pupil. The prosecution failed to prove impregnation due to lack of direct evidence after expunging the complainant's testimony. Conviction for rape is upheld; conviction for impregnation is quashed.

Court Disposition

Appeal allowed in part; conviction and sentence for impregnation quashed; conviction and sentence for rape upheld.

Orders

  • Conviction and sentence on second count (impregnation) quashed and set aside.
  • Appellant to continue serving thirty years imprisonment for rape.