Siriri Valentino vs Republic (Misc Criminal Application No 8 of 1998) [1998] TZHC 2334 (10 November 1998)

':;· IN THE (ORIGINA:.rs· GJ.IHIHAL CASE ·tree 117 OF 1996 OF THE :PISTIGCT COURT. QF;_MBOZI DISTRICT AT VW.A vf A) SI3.IRI VERS.US JUDGMENT . . . 'j{IJ?OPO 2 J. The appellant _:siriri s/o V;;;lentino wc.s convicted ,i-ri th ··tui"t:tural'.:f:fe1;-·of sodo:,-.:iy c/s 154(1) of the Penal Code. He VD. sntenced to 8 ye.rs imprisonmento He .has. 8ViJG ale d W:5ainst .. ; ...... ' - .. · .' .. both the conviction 8nc1 ?entencf. Tllo. lear.ned :;;,Ir. Doniface State Attorney has opposed this appe::;l sine~ he said. there was . '. ::,: ! ··- . . .... ·. i •. : . . . :sufficient evidence to ,)rove the offence. ' ~ . -. ,; ,: ' ~ The accused _and l'r!l · Chrispf111.. s/9 .-·Xi_pe ta were among .lo-eked up rernandees at the· Tt:.ndumn. Police Station. _On l 7/9/1996 at .... .. ·:. . .. i-5.f around 11.00 p.m. · the !:iccused vvhile in remand was allc.zcd to ·· -: · '·· ··::f1c:ve · be·aeh ·up other romandee s whilE:J telling them to sldep. : : \ . II~ ·t:r1en forced the com3;lainant P~'ll to r 5 o to the latrine. where j :he; 'sodomized him by force. PWl cried for help and the Police opened up the lock up 2nd found PWl C'.lre2.dy sodli>rnized . ,nd crying ;,,!l.i.i,le complaining to k::tVG been sodomi.zeda He was exm11incd by the f!.octor who confirmed th.-:rt there were sperms in his onus .. In his defence th0 testified th:xt the evidence of the prosecution was cooked up to victimize him. The PF.3 showed thGt the victim was. bruised in his rectum. . .. /2 ..

":, 2 There was enough cvi9-ence. corr6ho;rati ve to. tho .. ovidcnce ~ ..... -:, .. . . . of ?Wl from PW2 whop we21t -to rescue the complainant ;:fter .. ·;. hG cJring the alarm COJ:ni:nc from the. rema1de . The PF.3 confirm n assault of an unnatur.:,l offence }12,ving be_.en corrnrJ.,tted upon ... his re ctum6 PW3 Ge stoni ;'t,Nashiuya is a co-remandee · who w::rn in tho lock .. μp on the relevant day nnd. said the aocusecl/nppe llant soclornizing PWl who crisd for help until when. the police 3nd ::.irrs ste d the accused., From the evidence r.y:;:iilable in this crime the prosG cution established beyond rc1sonab1e-: that the a1;pellant sodorn.ized p:Nl ·· ·f o,rce bly' and unlawfnlly. rrhe grounds r·aised on appeal arc useless!' This 2.fl:pcal lacks mcti.. This is dismissed both ' ac;oinst' conviction-'and sentence of 8 years which is qui to pmir in the circumstances of this cese. There was 1igb.t in tho cell and latrine coming.from an electric bulb. 10011.;98 f4 Coram Hono Ivlwipopo ~ J e ,, Re s1:1ondent - present For Republi('. - Mr.. DorLifr::ce, State Attorney present 10 .. 11.1998 DISTRICT. REGIS1l 1 F.U,R rnBEYA