[Two different press reports of the same case]
Corpun file 18281 at www.corpun.com
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/-
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
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
Corpun file 18460 at www.corpun.com
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
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 women 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 below 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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Country files: Judicial CP in Tanzania
Archive 2006: Tanzania