The Appellant appeared before the District Court of Kasulu on a charge of rape. The Appellant was remanded in custody until 21.09.2005 when he made an appearance in the same court before a Senior District Magistrate. His plea was taken and he pleaded NOT GUILTY. His attempt to prove his innocence in the trial court failed. He then preferred the second appeal to the Court of appeal. The Court, suo motu, raised the question on whether there was a conviction or not.