Benson Mwaijande vs Republic (Criminal Appeal No 76 of 2000) [2000] TZHC 379 (21 November 2000)

IN THE HIGH COURT OF TANLANIA j :. CRIMINAL APPEAL NO, 76 0' 2000 (From Mbozj District Court Criminal Case No. 109 of 2000) BENSON MWAIJ BE.....,,.... .D.APPELLINT V]SUS THE REPUBLIC,., e ..o ••o .a • .. RSPONDT J U B G E N B N T WAMBURA S .A .N ...PPM:. ( E) This judgement arises from an appeal filed and argued by Mr. Mbise, Advocate for the appellant one Bensoni /o Mwaijande in respect of the decision of Mbozi District Court in Cr, Case No. 1O9/2OO whereby the appellant was convicted of rape c/ss 1 3 (1) and (2); 131 (i of the Penal,Code-as'Ammended by Act No. 4/98 and was sentenced to a life imprisonment as well as ten (10) ;s.trpices. It was argued by Mr. Nbise and agee'd by M. Mulokbi who appeared for the Republic and did not support the conviction as well, that the appeal should be allowed because:- The viótim being a chii of th:ee (3) years did not give evidence in court nor do adock identification rendering the whole evidence adduced as hear say, The appellant was not well described by the victim 0 No police officer gave evidence as to how the investigations were conducted, +. The PF3 tendered in court as exhibit P1 was not supposed to be admitted in court in that it was not officially stamped. Its siguatory has not been well identified 1adg lots of doubt from where it was acquired to mention a few reasons, They all agreed that the appeal should he allowed, conviction quashed and the sentence set asidee I have had the Dpportunity of going through the proceedings of the lower court and have also noted the said irrepularities I do agree with the argument of both the cons els and accoingiy allow the appeal quash the #bnviction and

2 set aside the ehtence' The appellant' should be set free immediately unless he is under custody for another lawful cause 0 iTt is so ordered. .S J WMBU PRINCIPAL PTIDENT MAGISTRATE (sJ) 20/11/2000 : Date: 21/1112000 Cori: S.A6N. Wambura, PWI EJ) For Appellant: Mr e Mbise 1 Advocate - Present .:ForRespondent: Mr. Boniface - State Attozier - Present • B/C .- Agripina ••• COT: JUdGe delivered in open court this 2Ist day of Noember, 2000 at thepresence of both parties. S • A • N WAMBURA PRINCIPAL RIDENT NAG1STRPTE J) ?/ 1/2 000