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High Court dismissed a criminal appeal against a life sentence for unnatural offence, upholding the charge sheet, the victim’s evidence, and the conviction.
The prosecution proved the offence of unnatural offence beyond reasonable doubt through coherent and credible evidence from the victim and supporting witnesses, corroborated by medical examination. The appellant failed to prove impotence, and alleged contradictions in evidence were immaterial. Medical evidence established penetration but not identity; however, the appellant was caught at the scene, confirming identity.
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The prosecution failed to prove beyond reasonable doubt that the appellant was the perpetrator of the rape, as the victim's evidence was contradictory regarding the identity of the perpetrator and the circumstances of disclosure, and there was insufficient corroboration. The contradictions and omissions in the prosecution case created reasonable doubt, warranting acquittal.
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Victim's evidence was credible and corroborated; appellant failed to prove medical incapacity; prosecution proved guilt beyond reasonable doubt; no procedural violation affecting justice.
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The High Court at Kigoma dismissed a criminal appeal against an incest conviction, upholding a 30-year sentence and finding the prosecution proved its case.
The High Court dismissed a criminal appeal against a rape conviction, upholding the 35-year sentence and compensation order after finding the case proved beyond reasonable doubt.
The High Court dismissed a criminal appeal against conviction and 30-year sentence for impregnating a secondary school girl, finding the prosecution proved its case.
Failure by the trial court to comply with mandatory procedural requirements under sections 210(3) and 231(1) of the Criminal Procedure Act prejudiced the appellant's right to defence and vitiated the proceedings, rendering the conviction and sentence a nullity.
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The court found that the identification of the appellant was reliable as he was well known to the victim and her mother, the incident occurred in sufficient light, and the medical evidence corroborated the victim's account. The prosecution proved the offence of rape beyond reasonable doubt, and the trial court properly evaluated all evidence. The appeal lacked merit and was dismissed.
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The High Court upheld Abdallah Muna’s 30-year sentence for incest by male, finding the victim’s identification and evidence proved the offence beyond reasonable doubt.
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