The Appellant was charged with and convicted of the offence
of raping a 5-year-old girl before the District Court of Mtwara. He was
sentenced to life imprisonment. His appeal before the High Court was dismissed.
He further appealed to the Court of Appeal on grounds that his visual
identification at night was weak, requirements under section 240(3) of the
Criminal Procedure Act were not complied with, requirements before taking the
evidence of child of tender years were not followed and that in the absence of
medical evidence rape could not be proved.