The Appellant was convicted on 5th July, 2007 by
the District Court of Kigoma on one count of Rape c/ss. 130(1)(2) and
131 of the Penal Code [Cap 16 R.E. 2002]. He was sentenced to thirty (30)
years’ imprisonment plus 12 strokes corporal punishment. On appeal it was
considered whether it was proper for the trial Magistrate to ignore and
overrule the contents of the birth certificates already admitted as evidence in
court that showed the real age of victim than that mentioned in the charge
sheet.