The appeal arises from the decision of the Resident
Magistrate’s Court at Lindi, Tanzania. The Appellant was charged and convicted
of the offence of rape. However, the trial magistrate inadvertently sentenced
the Appellant without convicting the Appellant of the offence of rape. He was
sentenced to thirty (30) years’ imprisonment and 9 strokes of the cane. He was
also ordered to pay Tshs. 20,000/= compensation to the victim. It was
prosecution case that PW1, the mother of the complainant left PW2, a child of
tender years alone in the house and went to her farm. Upon her return she found
PW4 crying. She informed her that she was raped by the Appellant. When she
examined PW2, she found blood stains and spermatozoa in her genital area. Both
the trial magistrate and the first appellate Court went to a great length to
analyse their findings and to show the basis of their decision. PW4 gave her
account of what transpired. PW1 examined PW4 and confirmed that she was raped.
On appeal to the Court of Appeal the Court considered among other things what
to do where a court sentences an accused without convicting him first.