Housegirl rape convict off 30-year in jail hook

 

THE Court of Appeal has ordered the immediate release of Peter Kirumi, a resident of Arusha from prison, who had been sentenced to serve 30 years for raping his housegirl aged 16 years.

Justices Sauda Mjasiri, Kipenka Mussa and Ibrahim Juma ruled in favour of Kirumi, the appellant, after allowing his appeal that had been lodged to fault the judgment given by the High Court on July 28, last year. 

 

“We allow the appeal, to quash the conviction and set aside the sentence which was meted against the appellant. He should be released from prison custody forthwith unless he is held for some other lawful cause,” they declared.

The justices noted that the girl having been alleged raped, delayed for ten days to report the incident and only did so in the aftermath of a second aborted occurrence. They said that it was beyond question that the victim was not quite the salt of the earth in her account on the alleged episode.

“There was, so to speak a dare need for an independent account to corroborate her story which, unfortunately was not featured by the prosecution. 

As hinted upon, during the initial stages of the trial the prosecution indicated a desire to feature a medical witness as well as a PF3,” they noted.

According to the justices, the medical report evidence would have possibly soon availed not the missing corroboration, but such evidence was not featured and much worse, without any explanation.

“In the circumstances, we take the liberty to invoke section 122 of the Tanzania Evidence Act to adversely infer that the medical evidence was withheld on account that it would have been unfavourable to the prosecution,” they said.

In the Resident Magistrate’s Court at Arusha, the appellant was arraigned for two accounts of rape. The particulars of the offence show that on March 9 and 19, 2014,at Sekei area within the city, he had sexual intercourse with his house girl.

The prosecution had alleged that on March 9, 2014, the appellant who was married and his wife seemingly been away from home at that particular time called and asked the alleged victim to massage him and she obliged.

It was stated that the young girl in the course of the massage was asked by the appellant, who had in a pair of boxer shorts only, if she had a boyfriend and her response was that she had none.

The appellant then went out of the house and returned home at around 1.00pm, or so at the time when the alleged victim was sitting in the living room, and thereafter pointed to her that he wanted to have sexual intercourse with her.

The appellant later accomplished his desire. Ten days later, that is on March 19, 2014 at around 10.00pm or so, the appellant approached the girl and again demanded to have sexual intercourse with her and the girl allegedly refused, and abruptly the appellant was called by his wife over the phone.

After the telephone call, the appellant aborted the attempt.