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The Court of Appeal has overturned the conviction of a father previously sentenced to 30 years in prison, along with a fine of Sh100,000 and six lashes, for the alleged rape of his 13-year-old daughter.
The father, residing in Majengo Kibaigwa, Kongwa district, Dodoma region, had been accused of committing the offense between December 13 and 16, 2021.
This acquittal marks the culmination of the father’s legal battle, following the High Court in Dodoma’s dismissal of his initial appeal and the upholding of his sentence on June 22, 2023. The Court of Appeal’s decision, delivered on March 28, 2025, was rendered by a panel comprising Justices Rehema Mkuye, Lucia Kairo, and Gerson Mdemu, who convened in Dodoma.
Upon meticulous examination of the appeal grounds, the judges determined that the prosecution failed to establish the charge beyond a reasonable doubt. They highlighted inconsistencies between the formal charge and the evidence presented during the trial.
A pivotal element in the case was the testimony of the alleged victim. Initially, she reported to the police that she had been raped. However, during court proceedings, her testimony evolved to include claims of both rape and sodomy. This discrepancy raised concerns about the reliability of her account.
The Court of Appeal emphasized the necessity for credible and consistent evidence in securing convictions, particularly in serious offenses such as this. The judges concluded that the inconsistencies in the victim’s statements, coupled with the lack of corroborative evidence, undermined the prosecution’s case.
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This ruling underscores the judiciary’s commitment to upholding the principle that guilt must be proven beyond a reasonable doubt. It also highlights the critical importance of reliable testimony and thorough evidence in the adjudication of criminal cases.
Legal experts suggest that this case may prompt a reevaluation of procedures in handling sensitive cases involving minors to ensure that evidence presented is both credible and consistent. This includes providing appropriate support to young witnesses to help them provide clear and reliable testimony.
As of now, there have been no official statements from the prosecution or the family involved. The case serves as a poignant reminder of the complexities inherent in the legal process and the paramount importance of safeguarding the rights of all individuals involved.
