JUDGMENT OF THE COURT
This is a second appeal and it is against sentence only. The appellant GABRIEL BARASA OMAR faced a charge of defilement of a girl contrary to Section 145(1) of the Penal Code in the subordinate Court at Kitale. In the alternative, he was charged with the offence of Indecent Assault on a female contrary to Section 144(1) of the Penal Code. The particulars for that charge were that, 2004 at Trans-nzoia District within Rift Valley Province, unlawfully and indecently assaulted BM a girl under the age of sixteen years by touching her private parts namely vagina.”
He denied the main charge and the alternative charge but after full trial before the learned Senior Principal Magistrate, (W.A. Juma) he was found guilty of the alternative charge of indecent assault contrary to Section 144(1) of the Penal Code. The particulars reproduced herein above, he was convicted and sentenced to serve ten(10) years imprisonment: He was not satisfied with that conviction and sentence and …