JUDGMENT OF THE COURT
The appellant, Alexander Likoye Malika was charged before the Senior Resident Magistrates' Court, Butere, with the offence of defilement. The charge sheet was framed as follows:
“DEFILEMENT OF A CHILD CONTRARY TO SEC. 8 (1) (2) OF THE SEXUAL OFENCES ACT 2006.
PARTICULARS OF OFFENCE: ALEXANDER LOKIYE MAUKA: On diverse dates between late October and early November, 2008 at [particulars withheld] sub location in Butere District of the Western province intentionally and unlawfully had carnal knowledge of “G.A” a child aged seven years”.
There was an alternative charge of Indecent Act with a child contrary to Section 11 (1) of The Sexual Offences Act No. 2006 and particulars thereof were that the appellant, on diverse dates between October and November, 2008 at the same place he indecently assaulted “GA” by touching her private parts namely vagina.
The trial magistrate (B. O. Ochieng) found it necessary to call for a psychiatrist report before the plea was taken and upon p…