00083 {
4
ln Criminal Case No.4212010 before the Resident Magistrate Court of Bukoba,
the Applicant was found guilty and sentenced.on 4 August 2010 to thirty (30)
years imprisonment and twelve (12) strokes of the cane for the rape of a minor
of twelve (12) years of age, under sections 130(2)(e) and 1s1(2) (a) of the
Tanzanian Penal Code(Revised Edition 2OO2) as amended by the Sexual
Offences Special Provisions Act 1998 (hereinafter referred to as the "Tanzanian
Penal Code").
5
The Applicant filed an appeal in Criminal Case No. 231201 1 against the judgment
before the High Court of Tanzania at Bukoba (hereinafter referred to as the ,,High
Court"), contesting the credibility of the prosecution witnesses, the consistency
of the testimonies and the administration of the corporal punishment; but the
appeal was dismissed on 2g May 2014.
o
Aggrieved by the High court's decision to dismiss his appeal, the Applicant
lodged an appeal before the Court of Appeal of Tanzania at Bukoba (hereinafter
referred to as the "court of Appear") in criminalAppeal No.22512014; which was
dismissed the appeal on 24 February 2o1s as being baseless.
B. Alleged violations
7
The Applicant alleges that he was deprived of his fundamental right to have
his
cause heard in a court of law, in violation of Section 231(4) of the Tanzania
Criminal Procedure Act, Revised Edition ,2002, and Article 7(1)(c) of the Charter.
8.
The Applicant further alleges that Section 130(2)(e), and Section 131(2)(a) of
the
Tanzanian Penal code, are clearly in breach
Constitution of Tanzania 1g77.
I
of
Article 13(2) and (5) of the
ln his Reply, the Applicant also alleges the violation of his right to legal aid
3
"h,*q
'Y*"'
$