HANGO OMARY HANGO VS REPUBLIC 2025 TZCA 12 (3 FEBRUARY 2025)

Abstract

The appellant, Hango Omari Hango, was charged before the District Court of Singida at Singida (the trial court) with two counts. The first count was rape contrary to section 130(1)(2) (e) and 131 of the Penal Code, Cap 16 R.E. 2002 now (R.E. 2022). It was particularized that, between 15/12/2018 and 11/07/2019, at Mjudhuda Village Ikhanoda Ward, Ilongaro Division within the District and Region of Singida, the appellant had carnal knowledge of a giri aged 14 years, a pupil of standard four at Kisisi Primary School. The second count was on the offence of impregnating a school girlcontrary to section 60A of the Education Act, as amended by section 22 of the Written Laws (Miscellaneous Amendment) Act, No. 2 of 2016. It was alleged that on the same month and year appearing in count one, the appellant impregnated a school girl aged 14 years of Kisisi Primary School. For the purpose of this judgment, we shall refer to her as "the victim" or "PW3" in order to disguise her identity