Fake traditional healer loses appeal against 30-year rape sentence

The court ruled that testimonies from the victim, her mother, and the circumstantial evidence, including the girl being found with the appellant after vanishing for three days, proved all key elements of the rape offence.

The prosecution alleged that Mr Sichone arrived at the family's home, introducing himself as a traditional healer who could treat the victim’s father.

However, instead of administering treatment, he left with the teenager. She was found three days later in his company, leading to his arrest and subsequent prosecution.

The judgment upholding the sentence was delivered on Monday, July 6, 2026, by Judge Moses Pomo, and a copy was posted on the court’s website.

The court ruled that the prosecution proved beyond reasonable doubt that Mr Sichone raped the child, finding no reason to overturn the decision of the Songwe District Court.

Basis of appeal

The appeal stemmed from a December 24, 2025 judgment by the Songwe District Court, which found Mr Sichone guilty on three counts of rape and sentenced him to 30 years in prison.

The court heard that the incidents occurred between November 3 and 5, 2025, at Udinde Village in Songwe District, contrary to sections 130(1)(2)(e) and 131(1) of the Penal Code.

Evidence showed that Mr Sichone had moved to the village from Sumbawanga.

After he arrived at the homestead under the guise of treating the father, the girl went missing for three days before being discovered with him.

A medical examination later revealed signs consistent with rape and indicated that the child had been infected with HIV.

The arguments

In his appeal, Mr Sichone sought to quash the sentence, claiming the prosecution failed to prove the case beyond reasonable doubt and that the conviction relied on insufficient evidence.

He argued that medical evidence did not prove penetration and emphasized that the victim neither reported the incident immediately nor screamed.

Furthermore, he opposed the admission of his cautionary statement, alleging procedural violations, and claimed key witnesses were omitted while his defense was ignored.

He also argued that the 30-year term was excessive and that there was no proof he passed the HIV infection to the victim.

The State Attorney opposed the appeal, arguing that the victim's testimony was strongly corroborated by circumstantial and medical evidence.

Court decision

Judge Pomo ruled that the prosecution had proved all key elements of rape, including the victim's age, penetration, and the appellant's identity.

He noted that the victim directly identified Mr Sichone, while the circumstances of her disappearance strengthened the case.

He emphasized that because the victim was 15, consent was legally irrelevant.

While Judge Pomo agreed that the cautionary statement violated legal procedures and expunged it from the record, he stated this flaw did not compromise the case as other evidence sufficed.

He dismissed the appeal and upheld the 30-year term.

Regarding the HIV argument, the judge ruled it immaterial to the core charge of rape, which had already been proven.

He noted that while the appellant admitted to living with HIV in his defense, the source of the victim's infection did not invalidate the conviction.