The Court of Appeal in Arusha has upheld both the conviction and sentence of Ally Ramadhani for the rape and killing of a 10-year-old primary school girl, Loveness Maliaki at Olasiti area within Arusha City in 2015. Ramadhani shall now be hanged until he dies for the deliberate killing of the girl after he broke into her room using a screwdriver, raped and strangled her to death to cover his crime. Ramadhani, had appealed against a High Court judgement delivered on December 6, 2019. “…as correctly found by the trial court that, the incriminating evidence in (the caution statement), together with the fact that (he) was the last person to be seen with the deceased alive, provides irresistible inference that, the appellant killed the deceased with malice aforethought,” ruled Justices Winfrida Korosso, Lucia Kairo and Amour Khamis. The justices noted that the appellant through the caution statement explained that he had to use a screwdriver to force open the door to the room into which he wanted to quench his lust and raped the deceased. Further to that, they observed, the statement also noted on how the appellant in a move to hide the offence of rape, decided to kill the deceased by suffocating and later strangled her by using veil. “Therefore, the intention to cause the deceased’s death, his narration on the manner he brutally implemented his plans proves malice aforethought on the part of the appellant under the provisions of section 200 of the Penal Code, “the Justices ruled. During the hearing of the appeal, Mr. Kapimpiti Mgalula, learned counsel and Ms. Chema Maswi, learned Senior State Attorney, represented the appellant and the Republic respectively.
