JUDGMENT OF THE COURT
The appellant was charged with the offence of defilement contrary to Section 8 (1) of the Sexual Offences Act No. 3 of 2006. The particulars were that on diverse dates between 24th and 29th October 2012 in Bondo District within Siaya County, he intentionally and unlawfully caused his penis to penetrate the vagina of RNO, a girl child 11 years old.
The prosecution case was primarily founded on the testimony of the complainant RNO (PW1) and the clinical officer, Sammy Ombaso Okoni (PW4).
After voire dire examination PW1 testified as follows:
I am RNO.... On 24th October 2012 at 7.30 pm, I was sent to buy paraffin by my sister called CAO. On my way I met the accused (pointing at the accused in the dock). I knew the accused who is a motorcyclist and also runs a barber shop at Uhanya center. The accused got hold of my hand and pulled me into a bush nearby where he told me to remove my inner pant. He then slept on me. I refused to remove my pant but he removed it. I saw …