Kileo, J.A., .
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Date
2013
Journal Title
Journal ISSN
Volume Title
Publisher
High Court of Appeal Dodoma - Tanzania
Abstract
The appellant was arraigned for rape in the District Court of Iramba contrary to section 130 (2) (e) and 131 (1) of the Penal Code, Cap 16 R.E.
2002. When the charge was read over to him he replied: "It is true I had carnal knowledge of the said Suzana roneh" following which a plea of
guilty was accordingly entered. It was alleged that the appellant had carnal knowledge of a child of three years of age. Subsequently the facts were
read over to him to which he also admitted. The trial magistrate however, on the basis of the PF3 which did not show that rape had been committed
convicted the appellant of attempted rape and upon the conviction he was sentenced to 30 years imprisonment and twelve strokes of corporal
punishment. The High Court upheld his conviction and sentence except for the corporal punishment which was set aside.
Description
Appeal from the judgment of the High Court of Tanzania at Dodoma No. 185 Of 2010
Keywords
Plea of Guilty, Setting Aside of Sentence, Discrepancy Between the Prosecution Facts, LAW/JURISPRUDENCE::Criminal law