DAR ES SALAAM โ Traditional healer Salvatory Richard has escaped serving a 30-year prison sentence after the High Court in Geita found that the evidence used to convict him left serious doubts regarding his identity and the circumstances of the incidents. The court quashed the Bukombe District Court judgment that sentenced him on two counts of rape and ordered his immediate release, unless held for another lawful reason. The decision was delivered on Friday, July 24, 2026, by Justice Griffin Mwakapeje, following Mr Richard's appeal challenging the Bukombe District Court judgment in criminal case Number 7264 of 2026. Initially, Mr Richard was convicted of two rape offences under sections 130(1), (2)(e) and 131(1) of the Penal Code and sentenced to 30 years' imprisonment per count, with sentences running concurrently. The main case During trial proceedings, the prosecution presented six witnesses, wherein the victims' mother (first witness) told the court her children knew Mr Richard because he was their neighbour and a traditional healer in Maganzo Village. She claimed one child visited him for eye treatment, whilst the other knew him due to residential proximity and family business activities. The two victims, designated in court as first and second witnesses to protect their identities, testified about the incidents. One claimed being subjected to repeated sexual acts between November 2025 and March 2026 whilst visiting Mr Richard for treatment, whereas the other claimed being persuaded to go to the traditional healing premises under the pretext of helping prepare medicine, where she claimed she was raped. The victims also claimed Mr Richard threatened them against disclosing the incidents, with one claiming he gave her money so she would not inform anyone. According to their mother, these claims emerged on March 19, 2026, after questioning one child about money she was spending at school. The child allegedly named Mr Richard as the source of the money and subsequently disclosed the alleged sexual acts. After interviewing the other child, who made similar claims, the mother reported the matter to the sub-village leadership. Defence In his defence, Mr Richard told the court that in November 2025, the victims' mother approached him to treat her children and agreed on a Sh500,000 fee, paying Sh200,000 and leaving an outstanding Sh300,000 debt. He claimed the case was fabricated after he began demanding the remaining payment. After hearing both sides' evidence, the Bukombe District Court convicted him and sentenced him to 30 years' imprisonment per count, running concurrently. Appeal Dissatisfied with that outcome, Mr Richard appealed, claiming the District Court erred in convicting him when the prosecution failed to prove its case beyond reasonable doubt. He also claimed the court relied on weak and false victim evidence, gave insufficient weight to his defence, and convicted him without adequate evidence establishing the victims' ages, particularly since birth certificates were not produced. Court ruling After re-evaluating all evidence, the High Court stated the primary issue was whether the prosecution proved beyond reasonable doubt that Mr Richard committed the offences. The court noted that while a victim's sole evidence can suffice to prove a sexual offence, it must be evaluated for consistency, credibility, and alignment with other evidence. The judge noted doubts surrounding the delay by victims in naming Mr Richard, as allegations commenced in November 2025, yet his name was linked to allegations in March 2026, roughly four months later. The court also noted the significance of failing to call the Maganzo Sub-village Chairman, who was the first person involved with the complaint, stating his absence left a vital gap in the prosecution case. The court further noted unanswered questions regarding how incidents allegedly occurred over several months while Mr Richard remained a family neighbour and one victim reportedly visited him regularly for treatment. Given these shortcomings, the court declared itself unsatisfied that the prosecution proved its case beyond reasonable doubt. Owing to these flaws, the court allowed the appeal, set aside the conviction and sentence imposed by Bukombe District Court, and ordered Mr Richard's immediate release, unless lawfully detained otherwise.
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