Man gets life sentence for defiling,sodomising a minor

30Sep 2019
The Guardian
Man gets life sentence for defiling,sodomising a minor

THE Lindi District Court here has sentenced Emmanuel Msemakweli (29), a resident of Kariakoo, Rasbura Ward in Lindi Municipality to life imprisonment after he was found guilty of two counts, including that of sodomy.

Lindi District Court Resident Magistrate Franco Kiswaga gave the sentence after the accused was found guilty of another count of rape to a minor, a girl student aged 10.

Before sentencing (in Cr case No 37/2019), Kiswaga asked the accused why shouldn’t the Court mete out severe punishment from the crimes committed, he answered by saying the court should show clemency as it was his first crime he committed and was goaded by Satan.

After that piece of defence, State Attorney Yahya Gumbo assisted by Godfrey Mramba asked the court to mete out severe punishment so as to act as lesson to others harboring similar intentions.

Magistrate Kiswaga, after listening to mitigations from both sides, said he agreed with their pleas but because his hands are tied by the laws, and invoking the provisions of sections 130 (1), (2) (a) and 131 (1) of Penal Code, Cap 16 he sentenced 30 years in jail for rape.

In addition, Kiswaga in invoking Section 154 (1) (a) of the same law he sentenced the accused to life imprisonment and since both punishments run concurrently, the accused will spend the rest of his days in prison.

Earlier it was alleged in court by the State Attorneys Yahaya Gumbo and Godfrey Mramba, that the accused, at different times whilst he knew what he was doing to be a serious crime, raped a girl student aged 10 (whose name and the name of the school were withheld).

The duo told the court that this crime was revealed after her teachers and mother saw changes the child’s appearance and behavior, including the way she walked as well deteriorating learning progress.

They further said after seeing that, the teachers and the mother questioned the child what was happening to her, after which they took her to hospital for examination whose results showed that she was being sexually abused.

The two State Attorneys claimed that after that, they referred the matter to proper authorities who traced the accused and put under arrest.