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The appellant and one Richard Ismail @ Mollel were charged in the District
Court of Arusha at Arusha with two counts of Armed Robbery contrary to
section 287A of the Penal Code. The appellant was also charged with two
other counts of unnatural offence contrary to section 154 (1) (a) and Rape
contrary to sections 130(1) (2) (b) and 131(1) of the Penal Code, Cap 16,
R.E 2002. Both accused pleaded not guilty on all counts. However, before
the trial began, at the request of the prosecution, the trial Court ordered
the withdrawal from prosecution, Richard Ismail @ Mollel in terms of
section 98 (a) of the Criminal Procedure Act, Cap 20, R.E. 2002. The
second accused was accordingly discharged and the trial against the
appellant proceeded. |
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