JUDGMENT OF THE COURT
The appellant was charged with the offence of defilement contrary to section 8(1) as read together with section 8(2) of the Sexual Offences Act. The particulars of the offence were that between the month of November 2011 and March 2012 in Lugari District within Western Province, the appellant intentionally and unlawfully caused his genital organ (penis) to penetrate the genital organ (vagina) of FN, a girl aged 6 years. The appellant also faced an alternative count of an indecent act with a child contrary to section 11 (1) of the Sexual Offences Act. The particulars being that within the same period and place, the appellant unlawfully and intentionally committed an indecent act by allowing his genital organ namely penis to come in contact with genital organ namely, vagina of FN, a child aged 6 years. The appellant denied both counts.
During the trial, the prosecution called a total of five witnesses to establish the appellant’s guilt. The facts of the case briefly …