Africa-Press – Tanzania. THE High Court, Dar es Salaam District Registry, has sentenced a teacher, Alexander Julius Mabele in absentia to 30 years imprisonment for raping a Secondary School girl aged 17 years.
Judge Augustine Rwizile imposed the sentence after allowing an appeal lodged by the prosecution to oppose the acquittal of the teacher, the respondent, by Mvomero District Court in Morogoro region on the offence of rape he was charged with.
He reversed the decision of the lower trial court and substituted the same with a conviction after noting that the evidence given by the prosecution during the trial was sufficient to find the respondent guilty of rape.
“I agree with the State Attorney that the evidence was enough to prove the case. The acquittal in my view was not justified. I set it aside and substitute for its conviction and sentence the respondent in absentia to an imprisonment term of 30 years,” the judge ruled.
He noted from the record that the respondent had, in his defence testimony, denied involvement in the crime. The respondent had told the trial court that the case was concocted by teachers because of his position, as he was serving as a school treasurer and storekeeper.
It was his evidence that the offence was not committed. However, in his deliberations of the appeal, the appellate judge noted that the respondent could not say if the same extended to the victim or the clinical officer, who examined her.
It was his position that evidence of witnesses was free from contradictions.
The case against the respondent, who is at large, was first brought before Mvomero District Court. His charges were preferred under section 130(1)(2)(e) and 131(1) of the Penal Code. The sections preferred, create the offence of statutory rape.
According to the charge sheet, the respondent, on September 4, 2018, committed rape to a school girl, (name concealed) while aged 17 years old. The respondent, according to the victim, was her English and Kiswahili teacher at Kikeo Secondary School.
On the material date during the break time, the victim went to the respondent to seek help with respect to some questions.
Things didn’t go as planned, since when the break was over, the student left the questions paper with her teacher before she returned to the classroom.
Later, some students informed the victim that she was needed by the teacher. This time the teacher allegedly closed the door of his office before he committed the offence. The accused warned the victim not to tell anybody about the matter.
However, she decided to reveal the incident to the school headmaster who had already received information from the victim’s colleges the following day after meeting him.
The incident was later reported to the police station, prompting the respondent to be charged with the offence. However, the trial court acquitted the respondent on grounds that the offence was not proved beyond reasonable
