BENEDICT KILEMBE(App) Vs THE REPUBLIC(Res)In the District Court of Mbeya the appellant BENEDICTKILEMBE was charged with rape contrary to sections 130 and 131(2) (a) of the Penal Code. The particulars of offence alleged that on 26/9/2000 at about 17.30 hours at Lyhamile Nyeregele village within Mbarali District in Mbeya Region the appellant had carnal knowledge of one Yudith Mkowogo, a girl of three years of age. After a full trial the District Court found that the evidence did not establish the offence of rape.