- Case summary
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The case in question is a criminal appeal (No. 281 of 2020) heard in the Court of Appeal of Tanzania. The appellant, Halfan Rajabu Mohamed, was appealing against his conviction for an unnatural offence, contrary to section 154 (1) (a) and (2) of the Penal Code. The offence involved the appellant having carnal knowledge of a minor boy, aged five years, against the order of nature. The appellant was sentenced to statutory life imprisonment.
The appellant raised seven grounds of appeal, including a variance between prosecution evidence and the charge regarding the date the offence was allegedly committed, the admission of the victim's evidence in contravention of section 127(2) of the Evidence Act, and the conviction being based on unjustified uncorroborated prosecution evidence. Other grounds included errors in appraising the credibility of prosecution witnesses, the prosecution's failure to prove its case beyond reasonable doubt, and the court's reliance on a cautioned statement without determining if it was a voluntary confession.
The Court of Appeal dismissed all grounds of appeal. It found that the variance in the charge did not prejudice the appellant, and the child victim's promise to tell the truth was sufficient under section 127(2) of the Evidence Act. The court also held that the prosecution had proved its case beyond reasonable doubt, with the appellant's confession being the best evidence of his guilt. The court found no error in the trial court's appraisal of the credibility of prosecution witnesses and held that the cautioned statement was voluntarily made.
The appeal was dismissed in its entirety.
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Cited documents 5
Judgment 5
- Halid Maulid & Another vs Republic (Criminal Appeal 342 of 2020) [2021] TZCA 253 (11 June 2021)
- Joel s/o Ngailo vs Republic (Criminal Appeal 344 of 2017) [2019] TZCA 314 (29 August 2019)
- Mohamed Haruna @ Mtupeni & Another vs Republic (Criminal Appeal 259 of 2007) [2010] TZCA 141 (4 June 2010)
- Nyerere Nyague vs Republic (Criminal Appeal Case 67 of 2010) [2012] TZCA 103 (21 May 2012)
- Osward Mokiwa @ Sudi vs Republic (Criminal Appeal 190 of 2014) [2019] TZCA 169 (12 June 2019)
Documents citing this one 8
Judgment 8
- Abdul Azizi Hassan vs The D.P.P (Criminal Appeal No. 16 of 2022) [2023] TZHC 20317 (21 August 2023)
- Arnold Exaud Mlay vs Republic (DC Criminal Appeal 55 of 2022) [2023] TZHC 19696 (31 July 2023)
- Daktari Jumanne vs Republic (Criminal Appeal No. 602 of 2021) [2023] TZCA 18020 (28 December 2023)
- John Joseph Macha @ Joika vs Republic (Criminal Appeal No. 102 of 2020) [2023] TZCA 17639 (22 September 2023)
- Seif Nyangasi vs The Republic (DC Criminal Appeal No. 73 of 2023) [2024] TZHC 797 (13 March 2024)
- Seko Masalu @ Makoye vs Republic (Criminal Appeal No. 482 of 2020) [2024] TZCA 77 (21 February 2024)
- Thobias Pendael vs. The DPP (Criminal Appeal No. 23 of 2023) [2023] TZHC 23537 (18 December 2023)
- Vitalis Sindano & 7 Others vs The Republic (Criminal Appeal No. 61 of 2023) [2024] TZHC 177 (6 February 2024)