The Appellant was charged with an offence of rape of a girl
under the age of 10 years. At the trial after the last witness for the
prosecution had given his evidence, the trial magistrate recorded that section
210 (3) of the Criminal Procedure Act, 1985 had been complied with. Then the District
Court fixed the date for delivering judgment. The court convicted accused and
sentenced him to life imprisonment under section 131 (3) of the Penal Code, Cap
16. He was aggrieved by the conviction and sentence and appealed to the High
Court which dismissed his appeal. He appealed to the Court of Appeal
complaining that he was not given his statutory right to defend himself in
terms of section 231 (1) of the Criminal Procedure Act.