IBRAHIM MESSE v REPUBLIC 1984 TLR 314 (HC)

IBRAHIM MESSE v REPUBLIC 1984 TLR 314 (HC)

Court High Court of Tanzania - Tanga

Judge Sisya J

May 12, 1984

CRIMINAL APPEAL 5 OF 1984 H

Flynote

Criminal Law - Causing a child not to attend school regularly until completion of

education by making her pregnant - Whether liable - The Primary School

(Compulsory Enrolment and Attendance) Rules, 1979 G.N. 129).

Statutory Interpretation - Meaning of "... any person other than a parent ..." and

"under any circumstances" causes a I child not to

1984 TLR p315

MAPIGANO J

A attend school, under the Primary School (Compulsory Enrolment and

Attendance) Rules 1979.

-Headnote

The appellant had impregnated a school girl thus causing her to drop from school. He

was charged with B and convicted of causing a child not to attend school regularly

under the Primary School (Compulsory Enrolment and Attendance) Rules 1979. He

appealed against the conviction on the ground that the rules in question apply only to

parents and guardians of children who have attained a school attending age.

C Held: (i)The expression "any person other than a parent" includes people or

persons such as appellant in this case and the phrase "under any circumstances"

includes causing a child not to attend school by making a girl pregnant.

Case Information

D Appeal dismissed.

No case referred to:

[zJDz]Judgment

E Sisya, J.: This is an appeal against both conviction and sentence. Regarding the

conviction, the appellant alleges in his petition of appeal that the learned trial

magistrate erred on both matters of law and of fact. Without beating about the bush,

starting with the latter, the evidence before the lower Court F leaves no reasonable

doubt as to the appellant's guilt. This appeal on this aspect of the matter is, to say the

least, fruitless and/or is without substance. On the evidence adduced I am satisfied,

and I so find, that this appellant made one Sofia Hassani (PW2), then a pupil at

Chanika Primary School in Handeni District, G pregnant and thereby made her fail

to attend school.

On the legal aspect of this appeal the appellant avers in his petition, inter alia that the

facts do not disclose any criminal offence that the law under which he was convicted,

i.e. the Primary School (compulsory Enrolment and Attendance) Rules, 1979, GN 129

of 1979 applies only to parents and guardians of children H who have attained a

school attending age and that the said law is not applicable to him except the law

dealing with affiliation. All these arguments are based on a misconception of the law

and they have, thus, no leg upon which to stand. For the benefit of the appellant, the

provision of the law under which he was I charged and subsequently convicted

1984 TLR p316

MAPIGANO J

is section 4(2) of GN 129/79 (and not GN 129/73 as he himself quoted). The relevant

portion thereof reads A and I quote:

(2)Any person other than a parent who, under any circumstances, causes a

child not to attend school regularly until the completion of primary education shall

be guilty of an offence ..... B

The 'any person other than a parent' here includes people or persons such as this

appellant and the expression 'under any circumstances' includes causing a child not to

attend school by making a girl pregnant. Child is defined in Section 2 of the Primary

School (Compulsory Enrolment and Attendance) C (Amendment) Rules, 1982 GN 28

of 1983 as any child who has attained the age of seven but has not attained the age of

thirteen and includes any child who is still pursuing primary school education." Sofia

Hassani (PW3) was such child as at the time the appellant made her pregnant and she

was still pursuing D primary school education.

As I think has sufficiently been demonstrated GN 129/79 is applicable to the appellant

and any other person. For the avoidance of doubt the law dealing with affiliation is

equally applicable to the appellant. Subject to the law of limitation it is, however, up

to Sofia herself to invoke it should she so desire. E

Now, turning to sentence the maximum penalty for the offence with which the

appellant stand convicted is a fine of Shs. 3,000/= and six months imprisonment. The

learned trial magistrate sentenced the appellant to pay a fine of Shs. 2,500/= or, in

default of payment thereof, to go to jail for nine months. He paid the fine. F The

appellant is, admittedly, a first offender. In his address before sentence in the Court

below he stated that he was aged 48 years; he is married with a total number of

fourteen dependents including ten children. The girl whom he made pregnant and

curtailed her primary education, Sofia, was aged only eighteen years G - someone fit

to be his, i.e. appellant's own daughter. As a married and grown up person one

wonders that the appellant lacked to necessitate his going for a school girl. To

demonstrate the odium that the society holds for such actions as that of this appellant

in this matter the sentence imposed by the lower H Court was well earned by the

appellant and I so hold.

Suffice it to say that after perusing the record of proceeding I am satisfied, and I so

certify, that this appeal is devoid of merit and the same is forthwith summarily

rejected. I

Appeal dismissed.

1984 TLR p317

A