Jumanne Bakari vs Republic (Criminal Appeal No 44 of 1978) [1978] TZHC 350 (1 January 1978)

f#. 7 I- IN THE HIGH COURT OF TANZANIA AT DOWMA APPELLATE JURISDICTION CRIMINAL APPEAL NO0 44 OF 1978 (ORIGINAL CRIMINAL CASE NO, 34 OF 1978 OF THE DISTRICT COURT OF DODOMA) JUMANNE BAKARI. 0 . 0 0 • • 0 0 0 • . Appellant (Original ACCUSed) Versus THEREPUBLIC, 0•O .. ...Respondent (Original Prosecutor) Chargo: Unnatural offences c/s 154(1) of the Penal Code JUDGMENT CHETA,. J The aepellant earned a five y -;irs prison sentence on conviction for €hcj offence of unnatural offence c/s 154(1) of th Penal Code. He now appeals against both the conviction and th sentence 0 It was incontrovertibly established that the compinin:nt and the pp.11nnt used to sharea bed man hotel ihure both of them were working 0 They used to share the room with two oth:rs, viz P..2 and P O W..3 who alsq used to share a second bed. At about 1.00 a.m. on the niçht of 13th .to 14th January, 1978, P.W.l was aroused from sleep by a pain in his anus. When he woke up, ho, noticed, that the appellant was pl4shing him forwards and backwards and the appellant's penis had penetrated into the comp1ainents anus. The complainant then caught hold of the ppellnt's pnis, and felt the region of his anus only to find it smear..d with Semn. While still holding the appellant's member, the complainant cried out. P,W.2 and P.WA3 then woke up and the complainant told them that the appellant had had carnal knowledge of him against the order of nature. P.W.2 then lit a lamp and both P.W.2 and P,W.3 examinod th.. complainant's anus and saw the semen. When interrogated, the appellant could say nofi±ng.

A doctor who examined th complainint obsevd that th .re were several bruises in the anus which, in his opinion, were caused by some hard object.. In his defence, the ap ; 'ellant was so naive as to ny that during the night in question he did not si op in the hotel room. The learned trial resident magistrate rejected the appe1,ln.t's defncc as unreasonable and found as a fact, that the appellant did carnally know the comp1ain.nt against the order 0f nature. .