CRIMINAL APPEAL NO 204 OF 2022

CRIMINAL APPEAL NO 204 OF 2022

The prosecution proved beyond reasonable doubt that the appellant raped and impregnated a 17-year-old school girl, satisfying all statutory elements. However, the sentence of 30 years for impregnating a school girl was manifestly excessive for a first offender and was reduced to five years.

Citation
CRIMINAL APPEAL NO 204 OF 2022
Parties
Appellant: Rashid Anthony Kengele; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal dismissed except for reduction of sentence on second count
Legal Topics
Rape, Statutory Rape, Impregnating a School Girl, Sentencing, Appeals Procedure
Source Language
English
Criminal Law Rape Statutory Rape Impregnating a School Girl Sentencing Appeals Procedure

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Parties

Rashid Anthony Kengele

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved the case against the appellant beyond reasonable doubt
  2. 2 Whether the sentence imposed for impregnating a school girl was appropriate

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellant raped and impregnated a 17-year-old school girl, satisfying all statutory elements. However, the sentence of 30 years for impregnating a school girl was manifestly excessive for a first offender and was reduced to five years.

Court Disposition

Appeal dismissed except for reduction of sentence on second count

Orders

  • Conviction and sentence for rape upheld
  • Conviction for impregnating a school girl upheld