seleman rajabu vs republic 2013 tzca 498 16 september 2013

seleman rajabu vs republic 2013 tzca 498 16 september 2013

Conviction and sentence were proper as appellant pleaded guilty, understood the nature of the charge, and the sentence of life imprisonment was statutorily mandated for rape of a girl under ten years. Variance of dates was not material and curable under the law.

Citation
seleman rajabu vs republic 2013 tzca 498 16 september 2013
Parties
Appellant: Seleman Rajabu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 September 2013
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Plea of Guilty, Sentencing, Variance of Dates, Admissibility of Evidence
Source Language
English
Criminal Law Rape Plea of Guilty Sentencing Variance of Dates Admissibility of Evidence

Case Brief

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Parties

Seleman Rajabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the conviction based on plea of guilty was proper
  2. 2 Whether the sentence of life imprisonment was lawful
  3. 3 Whether variance of dates between charge sheet and facts was material

Ratio Decidendi

Conviction and sentence were proper as appellant pleaded guilty, understood the nature of the charge, and the sentence of life imprisonment was statutorily mandated for rape of a girl under ten years. Variance of dates was not material and curable under the law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.
  • Conviction and sentence of life imprisonment affirmed.