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Two Dar residents jailed for life for sodomy of 8-year-old child
2007-12-12 09:49:00
By Rosemary Mirondo
Kisutu Resident Magistrate`s Court in Dar es Salaam has convicted and sentenced two Dar es Salaam residents to life imprisonment each for sodomising a child of tender age, contrary to law.
The decision, in line with the due process of the law as required by the inputs of the Sexual Offences Special Provisions Act, yesterday landed on Omari Ibrahim (35) and Emmanuel Kimosa (30).
The judgement was delivered by Resident Magistrate Said Msuya.
The trial magistrate said the court evaluated the evidence from both parties in reaching its judgement.
However, he said the prosecution was able to prove its case beyond all reasonable doubt that none but the accused committed the offence preferred.
He said the prosecution filed strong,weighty and incriminating evidence that all revolved around the guilt of the accused persons.
A child specialist from Muhimbili National Hospital told the court in testimony during hearing that he examined the eight year old victimised child, only to find that he had anal bruises.
The child`s father, who was the second prosecution witness, told the court that he found his child limping on the material day of the incident but on asking what was wrong, the child told him he had injured himself.
However, the child's limping trend continued for several days and upon further interrogation, the child revealed to him that he had been sodomised.
He reported the matter to the police, who unearthed the accused, prosecuted them to their waterloo.
In his testimony, the child told the court that he was returning home from `Madrasa` on the material day when he was called by the accused who gave him sweets and later sodomised him, causing him severe bodily anal pains.
He revealed that the accused had a second round which caused him even more pains, sending him limping.
It was at that juncture that he could not bear it any more and decided to tell his father the truth.
It was after the unfolding of this chilling testimony that the accused`s advocate Majura Magafu consciously withdrew from the case.
Apart from the father, the evidence of the child was also corroborated by that of her mother.
Her mother had told the court almost in tears that they suspected harm had befallen their child when they saw him limping.
``On the basis of the prosecution evidence available; there is no doubt the accused committed the offence; this court convicts you,`` the magistrate said.
It was at that juncture that, Assistant Inspector Goodluck Kessy asked the court to mete out a deterrent punishment as the offence was on the increase.
Omari and Emmanuel are alleged to have committed the offence between April 18 and 30 last year at Sinza in Kinondoni District within the city.
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