JUDGMENT OF THE COURT
The first appellant Andrew Apiyo Dunga and the second appellant Henry Otieno Adie were each charged before the Senior Resident Magistrate at Maseno with rape contrary to section 140 of the Penal Code. In the alternative, each was charged with the offence of indecent assault on a female contrary to section 144 (1) of the Penal Code. The particulars of the offence of rape were the same in respect of each appellant and were that on the 16th day of June 2005 in Kisumu District within Nyanza Province they each had carnal knowledge of F.A.O without her consent. The particulars of the alternative charge of indecent assault on a female were also the same and were that on the 16th day of June 2005, in Kisumu District of Nyanza Province, they each unlawfully and indecently assaulted F.A.O by touching her private parts. Each pleaded not guilty to the main charge and to the alternative charge but after full hearing in which the prosecution called three witnesses and each of t…