Corpun file 18281

The Guardian, Dar es Salaam, 30 August 2006

Boy (17) receives 8 strokes for raping toddler

By Hannah Mwandoloma

A seventeen-year old boy has been sentenced to receive eight strokes of the cane yesterday after a juvenile court at the Kisutu Resident Magistrate's court in Dar es Salaam found him guilty of raping a toddler aged 2 years.

Before the Principal Resident Magistrate Euphemia Mingi, the Public Prosecutor Maximillian Biligi alleged that the accused had carnal knowledge against the order of nature on March 8 this year at around 2pm.

He said the accused, who is a student, did the offence at Boko California area within Kinondoni Municipality in Dar es Salaam.

Biligi alleged the boy was arrested on the same day and taken before the court for the first time on March 13 this year.

He claimed that the accused before his judgment day on August 25 this year, had on August 24 pleaded guilty to the charges.

Magistrate Mingi said because the accused is under eighteen, something that makes him to be considered as a child, the verdict requires him to receive eight strokes of the cane and a 100,000/- fine.

Mingi had also ordered for a medical report to see if the boy was capable to handle the strokes before she would give the go ahead to the administration to effect the corporal punishment on the accused.

PRM: The document says he can handle the punishment so you can go ahead with the corporal punishment.

PP: Your Honour, we have sergeant Lembuka who came with the accused from Ukonga Prison, he is here to do the job.

The accused was ordered to take off his shorts and pants and remained naked before the court, ready for his punishment, Lembuka started the strokes.

'Your strokes are not strong enough to convince me,' claimed Mingi, and added that she wants the boy to feel the strokes so that he will not commit the offence again.

Lembuka used the cane a little harder as the PRM had ordered until he finished the last one without the accused making any sound.

Corpun file 18460

Daily News, Dar es Salaam, 30 August 2006

Boy canned [sic] strokes for sodomy

By Faustine Kapama

A 17-year-old boy yesterday received eight strokes of the cane as part of sentence passed against him by the Kisutu Resident Magistrate's Court in Dar es Salaam for sodomising a minor aged two and half years early this year.

Execution of the sentence in an open courtroom was witnessed by Principal Resident Magistrate Euphimia Mingi, prosecutor, Assistant Inspector of Police Maximilian Birigi, a probation officer whose name was not immediately known and other members of the public.

A prison warden, Sergeant Lembuka, carried out the sentence after the court received and satisfied by a doctor's report from Ukonga Prison. The doctor had certified that the health of the convict was normal and could receive the corporal punishment.
Most people inside the courtroom, particularly woman were forced to cover their faces during execution of the sentence as the boy was left naked.

The magistrate had also ordered the boy to pay 100,000/- compensation to the victim for the injuries caused during commission of the offence on March 8, this year, in Boko California area, Kinondoni District.

Magistrate Mingi convicted the boy on his own plea of guilt to the charge, when the case came for hearing on August 24, this year. When he was arraigned for the first time in March this year, the boy had denied the charge.

The prosecution called one witness, the mother of the minor, to give evidence against the accused on August 14. However, when the case came for hearing on August 24, the accused changed plea and entered a plea of "guilty".

After being convicted, the court, however, postponed to the next day from delivering the sentence against the convict because it needed time to go through the law, to assess the appropriate punishment.

The boy could have been jailed for life, according to the Sexual Offences Special Provision Act, if his age was 18 years and above. The law provides for life sentence to whoever convicted of committing unnatural offences to a minor aged bellow 10 years.

The court sentenced the boy to eight strokes of the cane as the law provides and ordered him to pay compensation of 100,000/- to the minor. He paid the compensation.

Execution of the other part of the sentence could not be carried out on that day as the convict was taken to prison for medical check up until yesterday when he was brought back to the court for effecting the punishment.

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