Samwel Lema vs Republic (Criminal Appeal No. 28674 of 2025) [2026] TZHC 2938 (4 June 2026)

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB REGISTRY OF MANYARA AT BABATI CRIMINAL APPEAL NO. 28674 OF 2025 (Original Criminal Case No. 23391 o f2025 in the in the District Court o f Hanang'at Katesh before Hon. A. KHeo, PRM) SAMWEL L E M A .......................................................................... APPELLANT 03 & 04/06/2026. I.e. MUGETAJ; The petition of appeal has several grounds of appeal. They boil down to one complaint that the charge was not proved beyond reasonable doubts. Allegedly, the appellant raped the victim. A lady aged 27 years. The victim testified that the appellant had sex with her without her consent. She testified as PW1. The prosecution tendered the appellant's cautioned statement as evidence. It was admitted as exhibit P.2. In that statement the appellant concedes having sex with the appellant. He states that the act was consensual. The two pieces of evidence intended to further the prosecution's case are, therefore, contradictory. Ms Anifa Ali, appeared for the respondent. She argued that in rape cases involving an adult victim, the prosecution must prove sex was non- VERSUS THE REPUBLIC RESPONDENT JUDGMENT

consensual. In this case, she argued, the evidence of PW1 contracts that which is in exhibit P.2. In her view, which is my view too, the contradiction goes to the root of the matter and must be resolved in favor of the appellant. In his defence, the appellant gave evidence which amounts to a defence of alibi without notice. This defence does not raise any reasonable doubts in the prosecution's case. But the rule is that conviction must be based on strength of the prosecution case and not on the weakness of the defence. Consequently, I agree with the appellant's complaint that the case was not proved beyond reasonable doubts. He was erroneously convicted. The appeal is allowed, conviction is quashed and the sentence is set aside. Appellant to be released from custody unless otherwise lawfully held for another causQ Court: Judgment delivered in the virtual presence of the appellant and Anifa Ali, State Attorney for the respondent. Sgd: I.C. MUGETA JUDGE 04 / 6/2026 2