UTETEZI WA LULU: Kanumba alitaka kunibaka...

UTETEZI WA LULU: Kanumba alitaka kunibaka...

153. Knowledge of age of female immaterial
Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman under a specified age, that the accused person did not know that the woman was under that age, or believed that she was not under that age.
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kwa wale ambao wanadhani kutokujua umri wa binti ni utetezi ninawashauri wasome kwa makini hiki kifungu ndani ya sheria ya sexual offences act cap 101.....................hakuna utetezi hapo............ujue usijue utajaza mwenyewe...................huo ni uzembe chini ya sheria hii.........
 
Rutashubanyuma said:
sheria zote ikiwemo ya ndoa, ya uendeshaji wa kesi za jinai na nyinginezo zote zinazotofautiana na sexual offnces actcap 101 zilirekebishwa ......................soma huo ufupisho wa hiyo sheria nilioubandika hapa utaona hayo marekebisho
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so, who told you kwamba hii ni sexual offence??
Who told you kwamba mazingira ya kifo yanahusiana na mapenzi???
Who told you kwamba Lulu akisema ni minor eti mahakama itamuona marehemu ni mkosaji coz alikua na mahusiano na minor???(under which law)
Case ya Mwamwindi na defence za provocation and insanity unaikumbuka vema??
 
hivi Rama mla watu 14yrs yuko wapi? na Ditopile Mzuzuri naye yuko wapi? Lulu akiri kilichotokea km aliua akubali na kama hakuua aseme kilichompata Kanumba hadi akafa asiseme uongo kuwa alitaka kubakwa kwani si kweli, ajue kabisa damu ya Kanumba itamlilia milele,na kama hajaishia km Rama mla watu ataishia kama Ditopile.
 
Hoja zako ni za kulazimisha kbs. Naona unajipa psychological consolation. Subiri tu, muda si mrefu utaujua Ukweli.
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museveni som akifungu cha 153 ......ambacho nimekibandika siyo punde labda utakuwa na busara ya kumeza matapishi yako mwenyewe maana unatuchafulia jamvi na huu *****
 
Hongera Ruta.. kwa maelezo mazuri,lakini nina maswali kadhaa hivi ni lini maiti ikashinda kesi? na ni vipi mwenda alivyouwawa na kinda?kwa maana ya ushahidi inatakiwa " proof beyond dought" kuna mtu yeyote aliyemuona akimuua? na alitumia chombo gani?au alimkaba au kumnyonga?alitumia silaha? rugu panga,ushahidi wa daktari unadai aligongwa kisogoni na kukaukiwa na pumzi huyo kinda ndiye aliyempiga kisogo? alikaa vipi hadi ampigempaka kufa?. Je haiwezekani kuwa ni pombe aliyokuwa amekunywa ndiyo iliyomsababisha kukosa balancehadi kuangukia kisogo? n.k,n.k ,n.k
 
Rutashubanyuma said:
kwa wale ambao wanadhani kutokujua umri wa binti ni utetezi ninawashauri wasome kwa makini hiki kifungu ndani ya sheria ya sexual offences act cap 101.....................hakuna utetezi hapo............ujue usijue utajaza mwenyewe...................huo ni uzembe chini ya sheria hii.........
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Sijui wewe unasoma sospa ipi lakini SOSPA ninayoijua inatamka hivi....
SOSPA offered a new definition of rape. The Penal Code defined rape simply as “unlawful carnal knowledge of a woman or girl . . . .”[SUP][SUP][1][/SUP][/SUP] SOSPA revises the definition so that it is more precise, if not concise:

A male person commits . . . rape if he has sexual intercourse with a girl or woman under circumstances falling under any of the following descriptions: (a) not, being his wife, or being his wife who is separated from him Without her consenting to it at the time of the sexual intercourse; (b) with her consent where, the consent has been –obtained by the, use of force threats or intimidation or by putting her in fear of death or of hurt while she is in unlawful detention; (c) with her consent when her consent has been [given] at a time when she was of unsound state of intoxication induced by any drugs . . . unless proved that there was prior consent between the two; . . . (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.[SUP][SUP][2][/SUP][/SUP]

[1] Penal Code § 130 (1981) (Tanz.).

[2] SOSPA, supra note 38, § 5.
 
CHAPTER XV
OFFENCES AGAINST MORALITY (ss 129A-162)
[PCh16s129A]129A. Definition of woman
In this Chapter "woman" means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age.
[PCh16s130]130. Rape Act No. 4 of 1998 s. 5
(1) It is an offence for a male person to rape a girl or a woman.
(2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions:
(a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse;
(b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention;
(c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two;
(d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married;
(e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.
(3) Whoever–
(a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman;
(b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women's or children's institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution;
(c) being on the management or staff of a hospital, takes advantage of his position and commits rape on a girl or woman;
(d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes;
(e) being a religious leader takes advantage of his position and commits rape on a girl or woman.
(4) For the purposes of proving the offence of rape–
(a) penetration however slight is sufficient to constitute the sexual intercourse necessary to the offence; and
(b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent.
(5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members.
[PCh16s131]131. Punishment for rape Act No. 4 of 1998 s. 6
(1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person.
(2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall–
(a) if a first offender, be sentenced to corporal punishment only;
(b) if a second time offender, be sentence to imprisonment for a term of twelve months with corporal punishment;
(c) if a third time and recidivist offender, he shall be sentenced to life imprisonment pursuant to subsection (1).
(3) Notwithstanding the preceding provisions of this section whoever commits an offence of rape to a girl under the age of ten years shall on conviction be sentenced to life imprisonment.
[PCh16s131A]131A. Punishment for gang rape Act No. 4 of 1998 s. 7
(1) Where the offence of rape is committed by one or more persons in a group of persons, each person in the group committing or abetting the commission of the offence is deemed to have committed gang rape.
(2) Every person who is convicted of gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape.
[PCh16s132]132. Attempted rape Act No. 4 of 1998 s. 8
(1) Any person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) is liable upon conviction to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment.
(2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by–
(a) threatening the girl or woman for sexual purposes;
(b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes;
(c) making any false representations for her for the purposes of obtaining her consent;
(d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position where, but for the occurrence of anything independent of that person's will, she would be involuntarily carnally known.
(3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in paragraph (c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years.
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nimeona kwa kuwa ufahamu wa sheria ya sexual offences ni finyu mno hadi inakatisha tamaa yaani vile.....lol ndani ya hili jamvi basi nimeona nitoe elimu ya bwerere kidogo hivyo vifungu nilivyoviorodhesha na kuvipaka manukato mekundu ndivyo nguli wenu ambaye sasa ni mwendazake vinamtia kabali na kamwe hataweza kutoka.................na kufa kwake ni kwa kujitakia mwenyewe au kwa lugha ya kitaalamu tunasema ya kuwa it is a case of reckless disregard of thelaws of the land..............

ninakiri kuwaonea huruma na mnapswa niwape pole sana kwa yote yaliyotokea lakni sheria iwe na kwa kapurwa pia kama docile Lulu
 
CHAPTER XV
OFFENCES AGAINST MORALITY (ss 129A-162)
[PCh16s129A]129A. Definition of woman
In this Chapter "woman" means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age.
[PCh16s130]130. Rape Act No. 4 of 1998 s. 5
(1) It is an offence for a male person to rape a girl or a woman.
(2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions:
(a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse;
(b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention;
(c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two;
(d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married;
(e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.
(3) Whoever–
(a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman;
(b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women's or children's institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution;
(c) being on the management or staff of a hospital, takes advantage of his position and commits rape on a girl or woman;
(d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes;
(e) being a religious leader takes advantage of his position and commits rape on a girl or woman.
(4) For the purposes of proving the offence of rape–
(a) penetration however slight is sufficient to constitute the sexual intercourse necessary to the offence; and
(b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent.
(5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members.
[PCh16s131]131. Punishment for rape Act No. 4 of 1998 s. 6
(1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person.
(2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall–
(a) if a first offender, be sentenced to corporal punishment only;
(b) if a second time offender, be sentence to imprisonment for a term of twelve months with corporal punishment;
(c) if a third time and recidivist offender, he shall be sentenced to life imprisonment pursuant to subsection (1).
(3) Notwithstanding the preceding provisions of this section whoever commits an offence of rape to a girl under the age of ten years shall on conviction be sentenced to life imprisonment.
[PCh16s131A]131A. Punishment for gang rape Act No. 4 of 1998 s. 7
(1) Where the offence of rape is committed by one or more persons in a group of persons, each person in the group committing or abetting the commission of the offence is deemed to have committed gang rape.
(2) Every person who is convicted of gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape.
[PCh16s132]132. Attempted rape Act No. 4 of 1998 s. 8
(1) Any person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) is liable upon conviction to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment.
(2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by–
(a) threatening the girl or woman for sexual purposes;
(b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes;
(c) making any false representations for her for the purposes of obtaining her consent;
(d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position where, but for the occurrence of anything independent of that person's will, she would be involuntarily carnally known.
(3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in paragraph (c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years.
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Sijui wewe unasoma sospa ipi lakini SOSPA ninayoijua inatamka hivi....
SOSPA offered a new definition of rape. The Penal Code defined rape simply as "unlawful carnal knowledge of a woman or girl . . . ."[SUP][SUP][1][/SUP][/SUP] SOSPA revises the definition so that it is more precise, if not concise:

A male person commits . . . rape if he has sexual intercourse with a girl or woman under circumstances falling under any of the following descriptions: (a) not, being his wife, or being his wife who is separated from him Without her consenting to it at the time of the sexual intercourse; (b) with her consent where, the consent has been –obtained by the, use of force threats or intimidation or by putting her in fear of death or of hurt while she is in unlawful detention; (c) with her consent when her consent has been [given] at a time when she was of unsound state of intoxication induced by any drugs . . . unless proved that there was prior consent between the two; . . . (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man.[SUP][SUP][2][/SUP][/SUP]
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kama sheria hamzijui si mtuulizie......................kuuliza siyo ujinga wajamani................ila kudhani unafahamu ndiyo uiinga.......
 
Duuh,kazi sana!
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haki za watoto ni lazima tuzilinde tusipofanya hivyo hatubna taifa la kesho..................wakubwa tuwe mfano kwa matendo yetu....lol
 
Rutashubanyuma said:
DPP wetu ni bomu hata kama ni wewe au wewe ugali wako unatoka mfukoni kwake....................yawaje alimbadilishia hat ya mauaji Ukiwaona Ditopile Mzuzuri kama siyo mbabaishaji tu....
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Jibu maswali uliyoulizwa tafadhali...unao ushahidi wa tofauti na alionao DPP?
 
Angel Msoffe said:
hivi Rama mla watu 14yrs yuko wapi? na Ditopile Mzuzuri naye yuko wapi? Lulu akiri kilichotokea km aliua akubali na kama hakuua aseme kilichompata Kanumba hadi akafa asiseme uongo kuwa alitaka kubakwa kwani si kweli, ajue kabisa damu ya Kanumba itamlilia milele,na kama hajaishia km Rama mla watu ataishia kama Ditopile.
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haitakuwa yeye tu, hata wanaomsaidia kutunga uongo watahusika na damu ya marehemu
 
Hongera Ruta.. kwa maelezo mazuri,lakini nina maswali kadhaa hivi ni lini maiti ikashinda kesi? na ni vipi mwenda alivyouwawa na kinda?kwa maana ya ushahidi inatakiwa " proof beyond dought" kuna mtu yeyote aliyemuona akimuua? na alitumia chombo gani?au alimkaba au kumnyonga?alitumia silaha? rugu panga,ushahidi wa daktari unadai aligongwa kisogoni na kukaukiwa na pumzi huyo kinda ndiye aliyempiga kisogo? alikaa vipi hadi ampigempaka kufa?. Je haiwezekani kuwa ni pombe aliyokuwa amekunywa ndiyo iliyomsababisha kukosa balancehadi kuangukia kisogo? n.k,n.k ,n.k
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hii nchi is on perpetual denial about hiv..........na ndiyo maana hakuna mtu anayetaka kuchunguza afya ya mwendazake.............na wanatafuta majibu mepesi ya kumsulubu mtoto lulu............kwamakosa ambayo hayana uhusiano na kifo cha mwendazake................let us now begin to talk about hiv like South Africa........
 
Rutta,
Bahati mbaya sana mahakama makini haiongozwi na emotions- watu wanaongea vitu ambavyo hutumika kwenye mahakama za vijiweni. Barack Obama ni mpaka pale alipotoa cheti cha kuzaliwa ndio alifuta maneno kuwa hakuzaliwa marekani. Watu kwanini ni wagumu kuelewa jambo jepesi kabisa hili, no wonder nchi hii haiendelei kama watu wanabisha kwenye suala ambalo liko wazi kabis. Maswali machache basi:


  • Je brain concussion hiyo ilisababishwa na nini?
  • Je kanumba alijigonga, aligongeshwa ukutani, sakafuni?
  • Ni sehemu gani ya kichwa chake iligongeshwa
  • Je mwili wake au kichwa chake ulikuwa na jeraha lolote?
  • Je mtu anayepata sudden brain concussion atakuwa ameanguka na kulala au amekaa
  • Je ukutani au sakafuni alipojigonga/kugongeshwa kulikutwa na damu au matone ya damu
  • Je nani anaweza kuthibitisha Lulu kumsukuma SK
  • Katika hali ya uwiano wa nguvu Lulu anaweza kuwa na nguvu ya kugongesha kichwa cha SK hadi kufa
  • Kama Lulu alikuwa amemua SK, je kwanini hakutoroka
  • Kwanini aliamua kurudi baada ya Dr kumpigia simu
  • Majeraha na redness katika mwili wa Lulu yalisababishwa na nini?
  • Kama Lulu alikuwa anakuwa attacked je apart from kumsukuma mbali attacker wake defense yake ingekuwa ipi?
 
haitakuwa yeye tu, hata wanaomsaidia kutunga uongo watahusika na damu ya marehemu
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ukimwi ndiyo umemwuuwa marehemu.....................labda sasa itabidi tutoboe na yule daktari wake ajitokeze na kutuelezea kwa undani hayo madawa aliyokuwa anampa alikuwa na kibali cha hospitali ipi..........na matumizi ya vikali huku anameza ARVs kibao za masaa......jamani damu ipi mwaiongelea...........kaangalie filamu ya From Dar to lagos.....................utaona hata ****** yalikuwa kama pasi lakini alipoanza cocktail mara akafumuka kama andazi............let us begin to talk about hiv and ids in this country or we are doomed..........
 
Hapo chacha
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ndipo mwendazake anapokutana na dhambi zake na kuwajibika kikamilifu kwa kubaka watoto wa watu na huyu mtoto alimwanza miaka mingi sana anamharibu na sasa hafai kabisa..............lol




jisomee Numbers 32:23 "But if you do not so, then take note, you have sinned against the LORD; and be sure your sin will find you out."
 
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