lAN UARY MAKANTA(App) Vs THE REPUBLIC(Res)In the District Court of Sumbawanga, the appellant was charged with rape contrary to sections 130(1) (2) (e) and 131 of the Penal Code Cap 16 R.E. 2002. It is alleged that, on 11/06/2007 at about 20.00 hrs. at Jangwani area, within the Municipality of Sumbawanga, in Rukwa Region the appellant raped SUSAN 0/0 PESAMBILI aged 10 years old. According to the evidence of PW1, on the fateful day she was going back home from Aida's residence. While PWl stood at the unfinished house waiting for Aida to escort her, Aida told PW1" nenda mimi nekuons": While PWl was on the way, the appellant dragged her into the unfinished house, undressed her and raped her.