Andrea Kitungu Appelant Vs The Republic Respondent Criminal Appeal No. 185 Of 20102026-10-162013https://scholar.mzumbe.ac.tz/handle/123456789/2255Appeal from the judgment of the High Court of Tanzania at Dodoma No. 185 Of 2010The appellant was arraigned for rape in the District Court of Iramba contrary to section 130 (2) (e) and 131 (1) of the Penal Code, Cap 16 R.E. 2002. When the charge was read over to him he replied: "It is true I had carnal knowledge of the said Suzana roneh" following which a plea of guilty was accordingly entered. It was alleged that the appellant had carnal knowledge of a child of three years of age. Subsequently the facts were read over to him to which he also admitted. The trial magistrate however, on the basis of the PF3 which did not show that rape had been committed convicted the appellant of attempted rape and upon the conviction he was sentenced to 30 years imprisonment and twelve strokes of corporal punishment. The High Court upheld his conviction and sentence except for the corporal punishment which was set aside.en-USPlea of GuiltySetting Aside of SentenceDiscrepancy Between the Prosecution FactsLAW/JURISPRUDENCE::Criminal lawOther