JUDGMENT OF THE COURT
Introduction
[1] This is a second appeal by Erick Maina Mbulele, the appellant herein who was charged in the Chief Magistrate’s Court at Busia with the offence of defilement of a girl contrary to section 8(1) as read with Section 8(2) of the Sexual Offences Act.
The appellant was charged with the alternative charge of indecent act contrary to section 11(1) (b) of the Sexual Offences Act.
[2] The particulars of the offence were that on 12th May, 2010 in Bunyala District within the Western Province intentionally and unlawfully committed an act which caused his penis to penetrate the vagina of BA (name withheld), (the complainant), a girl aged 6 years.
[3] The learned trial Magistrate convicted the appellant for the offence of defilement and sentenced him to life imprisonment. Aggrieved by that decision, the appellant appealed to the High Court.
[4] After considering the evidence as a 1st appellate court, the learned Judge found that it was clear that the prosecution prov…