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4.
The couple stayed together until2 July 2012 when the wife gave birth to a child.
On the same day, it is alleged that the baby died of unnatural causes after having
been abandoned in the bush. A subsequent post-mortem medical examination
revealed that the cause of the death was Hypoglycemia (lack of sugar in the blood)
and Hypothermia (lack of bodily warmth).
5.
The Applicant and his wife were later arraigned in the High Court of Tanzania at
Bukoba and charged with the offence of murder, contrary to Section 196 of the
PenalCode.
6.
On 2 October 2015, the High Court acquitted the wife but convicted the Applicant
and sentenced him to death. The Applicant subsequently appealed to the Court of
Appeal of Tanzania, but the Court dismissed his appeal for lack of merit, in its
judgment delivered on 25 February 2016.
B. Alleged violations
7.
The Applicant alleges that the Court of Appeal's judgment was rendered on the
basis of evidence derived from statements of Prosecution Witnesses which were
marred by inconsistencies and "manifest errors patent in the face of the records".
ln this regard, he contends that the Court of Appeal misdirected itself by dismissing
his grounds of appeal without giving them due consideration by relying
on
incriminating evidence obtained from an "untruthful" witness.
8.
The Applicant consequently submits that the Court of Appeal's wrongful dismissal
of his Appeal violated his rights under Article 3(1) and (2) and Article 7(1)(c) of the
Charter.
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