Taxonomies
- Case summary
-
Daktari Jumanne was charged with one count of rape, as per Sections 130 (1) (e) and 131 (3) of the Penal Code, for having sexual intercourse with an eight-year-old child, a minor. Jumanne was convicted and sentenced to life imprisonment. He appealed, raising several grounds including the claim that the victim's evidence was received in contravention of section 127 (2) of the Evidence Act, and that the evidence of PW3 was not properly scrutinized to prove penetration.
The court upheld the principle that in sexual offences, the best evidence is that of the victim. The victim's testimony was considered crucial, as she categorically stated that Jumanne had sexual intercourse with her. The court rejected Jumanne's misapprehension of the evidence. The court referred to the cases of Denis Joseph @ Saa Moja v. Republic, and Adamu Angetile v. Republic, emphasizing that every witness is entitled to credence unless there are good reasons not to believe them. The court found the victim to be a credible witness, as her evidence was clear, consistent, and coherent. Jumanne's failure to cross-examine the victim was seen as acceptance of her testimony.
The court also noted that the victim identified Jumanne as her assailant to her mother and at the police station immediately after his arrest, which was seen as proof of the reliability of her evidence. The court referred to the case of Patrick s/o Omary @ Richard V. The Director of Public Prosecutions, emphasizing that a party who fails to cross-examine a witness is deemed to have accepted that piece of evidence.
The court agreed with the lower courts' findings that the victim was a truthful and credible witness. Jumanne did not provide any plausible reason to interfere with these findings. His claim that the case was instigated by a boy he had a quarrel with was dismissed, as the boy did not testify against him at the trial.
After reviewing the evidence, the court agreed with the lower courts that Jumanne was the culprit. The court found that the evidence was properly evaluated and that the prosecution's evidence raised no doubt against that of the defence. The court dismissed the appeal, concluding that the case against Jumanne had been proved beyond reasonable doubt.
This document is 452.0 KB. Do you want to load it?
Cited documents 13
Judgment 13
- Adam Angetile vs Republic (Criminal Appeal No. 402 of 2020) [2023] TZCA 14 (15 February 2023)
- Anna Jamaniste Mboya vs Republic (Criminal Appeal 295 of 2018) [2021] TZCA 601 (15 October 2021)
- Denis Joseph @ Saa Moja vs Republic (Criminal Appeal No. 121 of 2021) [2023] TZCA 104 (13 March 2023)
- Dickson Elia Nsamba Shapwata and Another vs Republic (Criminal Appeal 92 of 2007) [2008] TZCA 17 (30 May 2008)
- Halfan Rajabu Mohamed vs Republic (Criminal Appeal 281 of 2020) [2023] TZCA 178 (6 April 2023)
- Jafari Salum @ Kikoti vs Republic (Criminal Appeal 370 of 2017) [2020] TZCA 221 (13 May 2020)
- John Ngonda vs Republic (Criminal Appeal No. 45 of 2020) [2023] TZCA 13 (15 February 2023)
- Kanaku Kidari vs Republic (Criminal Appeal 326 of 2021) [2023] TZCA 223 (4 May 2023)
- Mathayo Laurance William Mollel vs Republic (Criminal Appeal No. 53 of 2020) [2023] TZCA 52 (20 February 2023)
- Nyerere Nyague vs Republic (Criminal Appeal Case 67 of 2010) [2012] TZCA 103 (21 May 2012)
- Patrick s/o Omary @ Richard vs The Director of Public Prosecutions (DPP) (Criminal Appeal No. 236 of 2019) [2023] TZCA 17646 (25 September 2023)
- Shabani Salim vs Republic (Criminal Appeal No. 519 2021) [2023] TZCA 18015 (21 December 2023)
- Waisiko Ruchere @ Mwita vs Republic (Criminal Appeal 348 of 2013) [2014] TZCA 216 (28 October 2014)
Documents citing this one 5
Judgment 5
- Michael Emmanuel John vs Republic (Criminal Appeal No. 72 of 2023) [2024] TZHC 1914 (9 May 2024)
- Mohamed Shabani Mawanja vs The Republic (DC Criminal Appeal No. 68 of 2023) [2024] TZHC 166 (8 February 2024)
- Ramadhani Majid vs The Republic (DC Criminal Appeal No. 39711 of 2023) [2024] TZHC 798 (14 March 2024)
- Republic versus Said Bakari Mawazo & 6 others (Criminal Session Case no.218 of 2022) [2024] TZHC 1912 (6 May 2024)
- Seif Nyangasi vs The Republic (DC Criminal Appeal No. 73 of 2023) [2024] TZHC 797 (13 March 2024)