In this appeal, the
Appellant challenges the judgment of the District Court of Rungwe District, at
Tukuyu in Criminal Case No. 40 of 2018. Before the trial court, the Appellant
stood charged with a single count of rape contrary to section 130 (1), (2) (e)
and 131 (1) of the Penal Code [Cap 16 R.E. 2002], now [R.E. 2019] (the Penal
Code). It was alleged before the trial court that, on the 1st day of
April, 2018, at about 20: 00, at Ikama village within the District of Rungwe in
Mbeya Region, the Appellant did have carnal knowledge of one XY a girl of 11
years.
The Appellant pleaded not guilty to the charge, hence a
full trial. At the end of the day, through the impugned judgment, the trial
court convicted and sentenced him to serve thirty years in imprisonment.
Aggrieved by the entire impugned judgment, the Appellant preferred this appeal
urging this court to allow the appeal, quash the conviction and sentence and
acquit him.