20050307 TZHC Dar es Salaam

20050307 TZHC Dar es Salaam

The appeal fails because the prosecution proved the offences of rape and unnatural offences beyond reasonable doubt. The failure to conduct proper voire dire did not vitiate the proceedings under SOSPA, and the evidence of the child victims, corroborated by medical and other evidence, was credible. The defence of alibi was not established. Identification of the accused and locus was proper. The sentence and compensation orders were lawful.

Citation
20050307 TZHC Dar es Salaam
Parties
Appellant: Nguza Vicking @ Babu Sea; Appellant: Papii s/o Nguza; Appellant: Nguza Mbangu; Appellant: Francis s/o Nguza; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 March 2005
Procedural Posture
Criminal Appeal / First Appeal From Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Rape, Unnatural Offences, Sexual Offences Special Provisions Act (sospa), Evidence (children of Tender Years), Alibi, Identification, Compensation, Sentencing
Source Language
English
Criminal Law Rape Unnatural Offences Sexual Offences Special Provisions Act (sospa) Evidence (children of Tender Years) Alibi Identification Compensation +1 more

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Parties

Nguza Vicking @ Babu Sea

Appellant

Papii s/o Nguza

Appellant

Nguza Mbangu

Appellant

Francis s/o Nguza

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / First Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether failure to conduct proper voire dire examination vitiated the proceedings
  2. 2 Whether the prosecution proved the offences of rape and unnatural offences beyond reasonable doubt
  3. 3 Whether the defence of alibi was properly considered

Ratio Decidendi

The appeal fails because the prosecution proved the offences of rape and unnatural offences beyond reasonable doubt. The failure to conduct proper voire dire did not vitiate the proceedings under SOSPA, and the evidence of the child victims, corroborated by medical and other evidence, was credible. The defence of alibi was not established. Identification of the accused and locus was proper. The sentence and compensation orders were lawful.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of life imprisonment for all appellants confirmed under section 131A Penal Code as amended by SOSPA
  • Order of compensation of TZS 2,000,000 to each of the ten complainants confirmed