Man in worse trouble after losing sodomy case appeal
Dar es Salaam. Julius Josephat, a resident of Njoro Pepsi in Moshi Municipality, hoped to walk free when he appealed for the second time against a 30-year jail term for sodomising a 10-year old boy in 2016.
However, his attempt was in vain and just turned disastrous.
Observing that the sentence of 30-year jail, which was meted out against Josephat by Moshi District Court in 2016 was illegal, a bench of Justices of appeal--Bethuel Mmilla, Mwanaisha Kwariko and Lugano Mwandambo-- substituted it to life imprisonment.
The judges sided with state lawyer Innocent Njau that the imprisonment was an illegal sentence in terms of section 154 of the Penal Code as amended by section 185 of the Law of the Child Act of 2009.
“It is certain that prior to the 2009 amendment of section 154 of the Penal Code by section 185 of the LCA (the Law of the Child Act), the sentence for offences falling under that section was 30 years imprisonment.
“After the amendments, however, in case of a victim below the age of 18 years, the sentence was enhanced to life imprisonment.”
In the circumstances, the 30-year imprisonment, which was meted out against the appellant, was ipso facto an illegal sentence,” said the judges.
Under section 154 (1) (c) and (2), any person who has carnal knowledge against the order of nature to a child under the age of 10 shall be liable to life imprisonment.
Dehumanising act
The victim (name withheld) lived with his grandmother before he suddenly disappeared from home for three days on June 1, 2014.
When he returned home, the grandmother noticed he was having trouble in walking. The woman pressed the boy to tell where he was and he replied that he was at Njoro Pepsi in the house of a certain man.
Still troubled, the old woman took the boy inside, stripped him naked and inspected him only to realise he had bruises around private parts with deep pain. Pressed hard to tell what befell him, the boy knelt down and disclosed how the abuser regularly sodomised him.
The victim led the police to the house of the appellant where he was arrested and charged, and handed a 30-year jail term by Moshi District Court in 2014.
He lost his first appeal in the High Court which upheld the 2016 district court ruling.
Throughout the appeal, Mr Josephat protested his innocence and denied knowing the child, and that he saw him for the first time in court.
