The Appellant was charged with and convicted of the offence
of rape. He was sentenced to life imprisonment and ordered to pay compensation
Tshs. 300,000/= to the victim of the alleged rape. The Appellant’s appeal to
the High Court was not successful. Dissatisfied with the decision he appealed
to the Court of Appeal raising the following grounds. First that the trial
court erred in accepting in evidence the PF.3 tendered in court as Exhibit P1 without
calling the medical expert who filled in the document. Secondly that the trial
court erred in accepting the unsworn evidence of a child of tender years and
thirdly that the trial court did not assess properly the credibility of the
evidence of PW2 and PW3.