Bakari Juma vs Republic, criminal Appeal No 38 of 2020.

Thiscase provide for Issue kfdelaying of reporting criminal matters, the court had this to say:

At any rate, considering the lapse of one year between the alleged incident and PW2’s examination by PW5 revealing loss of virginity, it could not have been conclusively proved that such loss was a result of penetration by the appellant had P\A/2’s evidence remained intact. In our view, the delay in reporting the incident for as long as one year had a serious dent on her credibility.

Had the two courts below directed their mind properly to this aspect and given its consideration, they could not have concurred in their finding that the prosecution proved its case against the appellant.

In the upshot, we are constrained to set aside such a finding as we hereby do being satisfied that it was a result of non-direction and misapprehension of the evidence on record which occasioned injustice to the appellant. Quashed convictions and sentence to the appellant.