TRADITIONAL Healer Jafari Salum, alias Kikoti, who used his male organ to purportedly administer medical treatment through his patient's female genital, is to spend 30 years behind bars for rape.
This follows a decision by the Court of Appeal to dismiss his appeal lodged against the High Court judgment, which confirmed the conviction of the offence and the custodian sentence.
"We find this appeal without an iota of merit. It stands dismissed entirely. Order accordingly," Justices Sivangilwa Mwangesi, Jacobs Mwambegele and Mwanaisha Kwariko declared in their judgment delivered in Dar es Salaam recently.
During hearing of the appeal, the appellant had complained, among other things, that the charge preferred against him by the prosecution was defective for failure to give definition and punishment sections or clarify the ingredients of the charge under which he was charged.
In their judgment, however, the justices of the Court of Appeal agreed with the appellant on the defects, but they were quick to side with the prosecution that the omissions were curable under Section 388(1) of the Criminal Procedure Act (CPA) if witnesses remedied the ailment in their evidence.
"In the case at hand, the ailments complained about were remedied by the testimony of witnesses and, therefore, the appellant was not prejudiced. No failure of justice was occasioned," they said.
The appellant had also complained that the High Court erred in sustaining his conviction while the evidence of PF3 was expunged from the record. The justices agreed with the prosecution that an accused could be convicted of rape even without a PF3 provided was other sufficient evidence.
They noted that the evidence of the victim of rape was straight forward, thus, the appellant was rightly convicted even without the PF3.
There was another complaint advanced by the appellant to the effect that no DNA test was conducted to analyse the spermatozoa.
"We will not be detained much by this ground as well. Ejaculation has never been an ingredient to prove an offence of rape. It is not a legal requirement.
As rightly put (by the prosecution), the appellant's guilt was proved to the hilt by the prosecution," the justices said.
In the instant case, they noted that the evidence of the victim as corroborated by other witnesses sufficiently proved that the appellant indeed committed the offence and that he himself, in his defence, did only complain why the victim washed his body before going to hospital for medical examination.
"Neither did (the appellant) cross-examine the victim on the fact that he administered some concoction which made (the victim) unconscious after which he raped her.
This Court is, therefore, entitled to believe that the victim spoke, but the truth," they ruled.
The justices concluded by noting in the case at hand that they were surprised that the appellant did not cross-examine the victim on relevant aspects of the charge facing him.
It was alleged by the prosecution that on January 13, 2016 at about 13:45 hours in Kiromo in Bagamoyo District, Coast Region, the appellant raped a woman as he was, at the material time, a traditional healer.
The victim had some ailment. It was said the victim was possessed with demons, which she was attended to by the traditional healer, the appellant.
The victim used to go to the appellant's residence to collect some traditional medicine from time to time.
On the fateful date of the crime, the victim together with her mother went to the appellant's residence for her usual traditional medication.
They found the appellant there, together with his assistant, who told the victim to undress and put on red clothing and a black costume locally known as ‘kaniki’.
Having so done, the appellant took the victim outside his residence to a place in the nearby bush where he told her that he wanted to treat her by inserting some medicine into her private parts using his male organ. The appellant administered to her some concoction which made her unconscious.
The appellant then lay her down and started having sexual intercourse in her unconscious state.
When the victim gained consciousness, the appellant was still on her. When he was done, they returned to the appellant's residence, but warned her not to tell anybody of what transpired.
However, the victim let the cat out of the bag immediately as she went back home crying.
Amidst sobs, the victim disclosed to her mother and later to her husband that the appellant had raped her. Later, the matter was brought to the attention of the police, who arrested the appellant.