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The High Court upheld the conviction for unnatural offence, found the victim credible, and enhanced the sentence to life imprisonment under section 154(2).
The evidence of the victim, though received upon affirmation without proper inquiry, was curable and constituted a promise to tell the truth under section 127(2) of the Evidence Act. The prosecution proved penetration and identification beyond reasonable doubt. The sentence imposed was unlawful as the law mandates life imprisonment for unnatural offences against persons under 18; the sentence was enhanced accordingly.
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The Court of Appeal of Tanzania upheld convictions for indecent assault of a boy under 14 and unnatural offence, finding the victim’s evidence credible and corroborated.
Court of Appeal upheld a conviction for unnatural offence, found the evidence sufficient, and restored life imprisonment under the amended Penal Code.
There was a clear and material variance between the date alleged in the charge sheet and the evidence adduced at trial. The prosecution failed to amend the charge or prove the offence as charged. This failure is fatal and entitles the appellant to acquittal as a matter of law and justice.
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The inclusion of an inapplicable subsection in the charge was not fatal as the relevant provision was cited and the particulars were clear; contradictions and discrepancies in the prosecution evidence were minor and did not go to the root of the case; variance in time and name was immaterial; and the conviction was supported by sufficient evidence even after expunging the improperly admitted PF3.
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The court found the prosecution proved beyond reasonable doubt that the accused raped and impregnated the victim, based on the victim's testimony, corroborated by medical and confessional evidence.
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The High Court dismissed a rape appeal, upholding a 30-year sentence after finding the complainant’s testimony credible and sufficient despite evidentiary objections.
The prosecution proved beyond reasonable doubt that the appellant committed rape and unnatural offence against a 13-year-old victim; the victim’s age and penetration were established by credible evidence from the victim, her mother, and the medical officer; the alleged variance in dates was not material; delay in reporting was explained and did not affect credibility; failure to call Iman did not affect the case as the witness was not material; and the defence of bad blood and alleged immoral character of the victim did not exculpate the appellant.
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