JUMA IDDI YOHANA VS REPUBLIC 2025 TZCA 5 (20 JANUARY 2025)

Abstract

This is a second appeal after the appellant, Juma Idd Yohana, unsuccessfully appealed to the High Court in Criminal Appeal No. 48 of 2021. It all started with charges of rape levelled against him, contrary to section 130 (1) (2) (b) and 131 (1) of the Penal Code, Cap. 16 Revised Laws. The facts, as particularized in the charge sheet, are that on 4th September 2020, at Ruvu Jitengeni area, within the District of Same in Kilimanjaro region, had carnal knowledge of one MZA, whose name is censored to protect her dignity. She will thus be referred as MZA or PW1