THE Director for Public Prosecutions (DPP) has withdrawn a criminal case where the appellant was serving a life sentence, conceding that the sentence was not proper.
Records indicated that the appellant,
Jovitus Johansen (20), a resident of Kayanga Village, in Karagwe
district, was 18 years old when he was convicted of raping a girl aged 8
years (name withheld) who was in Standard Two.
The appellant was arrested on August 21,
2013 and arraigned before the Karagwe District Magistrate's Court, was
convicted and sentenced to 30 years imprisonment. He appealed to the
High Court but the
appeal was rejected.
The sentence was instead extended to
life imprisonment. Principal State Attorney, Mr Hashim Ngole, told the
Court of Appeal here that under Section 131(2) of the C.P.A, if the
offender is a boy aged 18 years or less, and is a first offence, when he
is convicted shall be sentenced to corporal punishment.
Mr Ngole told the court that when a team
of judges was going through the proceedings, it came to their notice
that the appellant was 18 years when he was convicted of rape.
"Under Section 131(2) of the C.P.A, he
should have been sentenced to corporal punishment. Also, the two years
he has been in prison is equivalent to corporal punishment.
We concede that the sentence was not
proper," he said. Before the same Court of Appeal was Jackson Godwin
(35), resident of Nyakanazi Village, in Biharamulo District, in Kagera
Region. The appellant was convicted of two offences of rape and armed
robbery. He was sentenced to 30 years imprisonment for each offence.
The sentences are concurrent. He was
also ordered to reimburse the complainant 500,000/-. He was aggrieved by
the decision of the High Court, and raised two grounds of appeal in his
appeal, that he was not properly identified and that the evidence was
insufficient.
Records indicated that on the night of
April 21, 2013 the appellant, together with other two persons (who were
not before the court), forcefully entered into the house owned by the
complainant (name withheld), who testified as PW1.
They stole several properties worth
320,000/- and raped her in turns. The complainant testified that the
intruders, who were armed with machetes and iron bars, put on a solar
light and raped her.
She testified that she properly
identified the appellant, who was the second person to rape her, as
there was enough light, and that he even threatened her that they would
kill her if she raised alarm.
Reading the ruling on behalf of Court of
Appeal Justices; Angela Kileo, Sauda Mjasiri and Betuer Mmira, the
Registrar of the Court of Appeal, Mr Eddie Fussi, noted that the
identification by PW1 was correct, and that the evidence was vivid. The
justices set aside the appeal and confirmed the sentences.
The Court of Appeal also confirmed a 30
years sentence passed by the High Court on Athuman Idd (32) and
Ladislaus Onesmo (27), both residents of Ngara district, in Kagera
Region, who are serving 30 years imprisonment for armed robbery.
Senior State Attorney, Athuman Matuma,
told the Court of Appeal that on May 18, 2011 the appellants used
violence on the complainant, Msinzi Sebabili, who testified as PW1.
The appellants approached Sebabili, a
Boda-Boda rider and hired him to take them to a nearby village. On their
way, the appellants turned aggressive, stabbed him with a knife, and
robbed him his motorcycle which was later found in their possession.
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