In the District Court of Kibondo, the Appellant was charged
with three counts namely: Marrying a school girl contrary to rule 4 (2) of the
Education (Imposition of Penalties to a Person who Impregnates a School Child)
Rules, Government Notice No. 54 of 2003 (the Education Rules); Rape contrary to
sections 130 (2) (e) and 131 (1) of the Penal Code [Cap 16 R.E. 2002] and
Impregnating a school girl contrary to rule 4 (3) of (the Education
Rules).
It was alleged in the charge sheet that, between June and
October, 2013 at Kitahana Village within Kibondo District in the Region of
Kigoma, the Appellant did unlawfully marry and had sexual intercourse with one
a school girl aged fifteen (15) years. To prove its case, the prosecution
called five witnesses and tendered two documentary exhibits: various love
letters from the Appellant addressed to the victim and a PF 3 which were
admitted as Exhibits PI and P2 respectively.
On the other hand, the Appellant who was the sole witness for
the defence, denied the accusation by the prosecution account. He claimed to
have been employed for several months by the victim’s father but he was paid a
salary for one month only. As such, he decided to quit from the job and
subsequently he was followed by the victim’s mother and later charges were
commenced against him.
Having accepted the prosecution’s version to be true, the trial
court acquitted the Appellant of the 1st count and convicted him of
the 2nd and 3rd counts. He was sentenced to imprisonment
for thirty years for the 2nd count and two years in respect of the 3rd
count. The Appellant’s appeal before the High Court was partly successful since
the conviction and the sentence in respect of the 3rd count was set
aside and that for rape dismissed. Still undaunted, the Appellant has preferred
this second appeal.