The Appellant was arraigned before the District Court of
Bagamoyo for the offence of rape c/s 130 (3) (d) of the Penal Code [Cap 16 R.E.
2002] (now of 2019). The particulars of the offence in the charge sheet show
that on 13.01.2016 at about 13:45 hours at Kiromo area in Bagamoyo District, he
raped one woman, the victim. Having pleaded not guilty to the charge, a full
trial ensued during which the prosecution fielded six witnesses in support of
the charge levelled against the Appellant. The defence case comprised three
witnesses including the Appellant himself. At the end of the trial, the
Appellant was found guilty as charged. He was convicted and handed a sentence
of thirty years in jail, the minimum provided by the law. His first appeal to
the High Court proved futile, hence this second appeal.

