Yahi Lazaro vs Republic (Criminal Appeal No. 5608 of 2026) [2026] TZHC 2555 (25 May 2026)

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB REGISTRY OF MANYARA AT BABATI CRIMINAL APPEAL N0.5608 OF 2026 (Original Criminal Case No. 11305/2024 in the District Court of Hanang'at Katesh before Hon. I. C. Ponnella, RM) YAHI LAZARO.................................................................... APPELLANT 19 & 25/05/2026. I.C. MUGETA J; The appellant was convicted of rape. He challenges the conviction and the 30 years imprisonment met on him. His eight grounds petition of appeal boils down to one complaint that the charge was not proved. His submission to support the appeal was brief but very sharp. He said that the complainant consented to the sexual intercourse. Even in his defence, he had maintained that position. The respondent was represented by Leonce Bizimana, learned state attorney. He conceded the appeal for the same reason. The evidence is clear that on cross examination the complainant conceded that she agreed to the sexual act. This is what she said: "Ni kwe/i nilikubali kufanya mapenzi na wewe" VERSUS THE REPUBLIC RESPONDENT JUDGMENT 1 On re-examination this is what she said: "It is true that I consented to have sexual intercourse. It is true that I consented to have sexuai intercourse with him but he used force to have sexual intercourse" In its judgment, the trial court ignored the two contradicting statements. The learned trial magistrate never addressed his mind to the glaring contradictions. After discussing the prosecution evidence without challenging it against the defence raised, the learned magistrate proceeded to hold: find prosecution witnesses, particularly PW1 to be credible On account of the above finding which is completely unjustified, the learned magistrate embarked on a futile journey to support it through the contents of the appellant's cautioned statement which was tendered as exhibit P2. The admission of the cautioned statement had been protested by the appellant. He said he never made the statement but it was admitted any ways without even holding an inquiry to prove its voluntariness. For that reason, I expunge it from the court's record on account of its illegality. An witness" 2 inquiry was a must per Nyerere Nyague V. R. (Criminal Appeal No. 67/2010) [2012] TZCA 103 (21s t May, 2012) pages 6 - 7 . Without the cautioned statement, the remaining evidence of the rape is that of the victim. In light of the said contradictions in her evidence, I hold, she cannot be said to be a credible witness. In the event, I hold that the charge was not proved. This is the reason after hearing the parties on 19/5/2026,1 ordered for the immediate release of the appellant from prison. I reserved the reasons for the decision to be given in this judgment. For the reasons I have endeavored to demonstrate I hold that the appellant was erroneously convicted. Consequently, the appeal is allowed. I.C. MUGETA JUDGE 25.05.2026 Court: Judgment delivered virtually in the presence of the appellant who was released upon my order on 19/5/2026 and Leonce Bizimana, State Attorney for the respondent. Sgd: I.C. MUGETA JUDGE 25.05.2026 3