JUDGMENT OF THE COURT
At some point in life, M B (PW2) and AAM, “the appellant” were in a “come we stay” relationship. That relationship begot them a child, “the complainant” who at the time of the incident leading to these proceedings occurred was aged 5 years. However they were never able to walk down the aisle in holy matrimony. Soon thereafter, matters came to an abrupt and acrimonious end when PW2 and the complainant walked out on the appellant. Later by mutual arrangement PW2 retained the physical custody of the complainant but the appellant would occasionally drop by to take a stroll with him. This is what happened on 28th July, 2009 at about 5 p.m. The appellant came by and took the complainant who had just come back from school for the usual stroll. About 2 1⁄2 hours later the complainant came back to his mother’s house unaccompanied by the appellant. Apparently the appellant had left him at a nearby mango tree to walk home. PW2 did not notice anything untoward with the compla…