Man Who Killed His Child Due to Lack of Resemblance Sentenced to Death

By The Inspirer writer.

The High Court of Geita in Tanzania has sentenced Anold Shemas to death by hanging after finding him guilty of the premeditated murder of his one-month-old child, Anna Shemas, due to the child not resembling him.-Mwananchi reports, Tanzania.

In Criminal Case No. 53 of 2022, Shemas faced charges of intentional murder, accused of deliberately killing his child, Anna Shemas, on October 19, 2021, in Kakumbi Village, Masumbwe Ward, Mbogwe District, Geita Region, contrary to sections 196 and 197 of the Penal Code, Chapter 16, as amended in 2022.

On June 19, 2024, Judge Kelvin Mhina, the presiding judge, ruled that the prosecution had proven beyond a reasonable doubt that the defendant intentionally killed Anna Shemas, contrary to sections 196 and 197 of the Penal Code, Chapter 16.

In delivering the 55-minute judgment, Judge Mhina stated that after considering evidence from both sides, the main issues to be proven were that the child had indeed died, the death was unnatural, and that the defendant was involved.

Judge Mhina noted that while there was no eyewitness evidence directly linking the defendant to the crime, circumstantial evidence and the defendant’s confession indicated that Anna Shemas was deceased. Testimonies from the third and fifth witnesses showed that the defendant took the child and did not return with her.

The sixth witness, a motorcycle taxi driver, testified that he saw the accused with the child heading towards Lugito but did not return with her. Evidence from the third and fifth witnesses indicated that the defendant was the last person seen with the child (deceased) and had promised to take her to the hospital due to illness.

The defendant’s warning statement, confirmed by the third, fifth, and sixth witnesses, matched the description of the deceased’s body found in Lugito, identified as Anna Shemas. A medical examination confirmed that Anna Shemas did not die a natural death; she was strangled, leading to suffocation.

The absence of water in her stomach despite being found in water further confirmed the unnatural cause of death.

Judge Mhina highlighted that evidence from the third, fifth, sixth, and first witnesses connected the defendant to the circumstances showing no one else took the deceased to Lugito. The defendant’s confession and supporting witness testimonies led to the conclusion that he caused the child’s death.

Prosecutor Scolastica Teffe, speaking after the verdict, stated that the prosecution had no record of other offenses by the defendant but urged the court to impose a severe penalty as a deterrent to others.

Defense lawyer Elizabeth Msechu pleaded for leniency, noting that the defendant is a crucial family member responsible for his parents and a valuable national workforce.

Judge Mhina, citing Tanzanian law, stated that the confirmed crime of murder under section 197 of the Criminal Procedure Code mandates the death penalty, and thus the offender would be executed by hanging.

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