The Appellant was charged with and convicted of attempted rape. He was sentenced to thirty years’ imprisonment by the trial District Court of Karagwe. His appeal to the High Court was not successful. In his further appeal to the Court of Appeal of Tanzania the Appellant preferred four grounds of appeal, namely: that the charge was defective for failure to disclose the essential elements of the offence of attempted rape, that there was variance of dates between the charge and the evidence on the date the offence was said to have been committed, that the introduction in evidence of the PF3 offended the provisions of section 240 (3) of the Criminal Procedure Act and that the totality of the evidence did not establish the offence of attempted rape.

