The Appellant was facing a charge of rape. The particulars
of the charge are that Handa s/o Manyama charged on the 17th day of
November, 2000 at about 19.00 hours at Nasikole village within Mtwara rural
District and Region of Mtwara did have carnal knowledge with RUKIA D/O ISSA
aged 41 years without her consent. The key witnesses were PW1 and her husband
PW2. The two witnesses gave evidence showing that the Appellant allegedly
committed the offence charged on 17th December, 2000. The issue in
this appeal is the consequences of material variance between the charge and the
evidence adduced in support of it with respect to the date on which the alleged
offence was committed.