MBEYA: THE High Court of Tanzania, Mbeya Registry, has rejected the appeal filed by Mashaka Msangawale, seeking to overturn his conviction for rape.
The judgment that was delivered on Tuesday by Justice Musa Pomo, upheld the 30-year prison sentence initially handed down by the Chunya District Court.
Msangawale was convicted in 2021 for rape of a 15-year-old girl, with the crime occurring on December 1, 2021, in the Lyeselo village in the district.
He had challenged the conviction, arguing that the prosecution failed to meet the legal requirements to prove the elements of rape.
Convicted under sections 130(1)(2)(e) and 131(1) of the Penal Code [Cap 16 R.E. 2022], Msangawale argued that the evidence presented was insufficient.
However, Justice Pomo, in his judgment, stated, “Having considered the evidence from both sides, the court finds no reason to believe that the offence was not proven by the respondent.”
During the trial, the prosecution presented three key witnesses: the victim, her mother and Obeid Kasaba Prosper (PW3).
Evidence included the victim’s torn underpants (exhibit PE1) and a Police Form 3 (PF3) from a medical examination (exhibit PE2).
The High Court determined that the district court had not erred in its judgment and concluded that the prosecution had proven the case beyond reasonable doubt.
Justice Pomo noted that evidence from the victim, her mother and other evidence were adequate to uphold the conviction.
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According to court documents, the victim was a Form II student at Iyela Secondary School in Mbeya. On the day of the attack, Msangawale, who was working as a labourer for the victim’s family, lured her to a nearby tobacco drying shed, where he forcibly assaulted her, tearing her underpants in the process.
The victim’s mother arrived at the scene shortly after the attack. In the appeal, Ms Nyasige Kajanja, representing the defence, argued that penetration a crucial element of the rape charge was not sufficiently demonstrated.
She contended that the victim did not clearly specify which part of her private area was penetrated and questioned the qualifications of the nurse who conducted the medical examination and completed the PF3 form.
State Attorney, Ms Veneranda Masai, countered these arguments, asserting that the victim’s detailed testimony was sufficient to establish penetration.
She emphasised that in sexual offence cases, especially involving minors, the victim’s account is often the most compelling evidence.
Ms Masai also acknowledged that while the nurse’s qualifications might not have been fully established, the testimony of the victim and her mother alone was adequate to support the conviction.
Justice Pomo found no merit in the appellant’s arguments and confirmed the original conviction, thereby maintaining the 30- year sentence.
Source: allafrica.com
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