Rex v Abdulla (Cr.A. 144/1936.) [1936] EACA 109 (1 January 1936)

## COURT OF APPEAL FOR EASTERN AFRICA.

Before SIR JOSEPH SHERIDAN, C. J. (Kenya); DALTON, C. J. and HEARNE, J. (both of Tanganyika).

## REX, Respondent (Original Prosecutor)

## RAMAZANI SAJABI S/O ABDULLA, Appellant (Original Accused).

## Cr. A. 144/1936.

Rape—Child of tender years—Corroboration by witness of 14 years.

Held (16-10-36).-That, the evidence of complainant, a child of tender years may be sufficiently corroborated by the evidence on oath of a boy of fourteen years to justify a conviction of rape.

Appellant, absent, unrepresented.

Branigan, Crown Counsel (Tanganyika), for Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The evidence of the complainant, a child of tender years in this case of rape, receives corroboration from the witness Mukama, a boy of 14 years, whose evidence was taken on oath. The appeal is dismissed. For the guidance of the learned magistrate, who held the preliminary inquiry, it is pointed out that the certificate to the statutory statement is not in the form prescribed by law. Nothing, however, turns on this defect in the Ojicumstances of the case.