JUDGMENT OF THE COURT
Isack Ojwang Ogoyo, the appellant was charged in the Principal Magistrate’s Court at Siaya with the offence of defilement of a girl under the age of 18 years contrary to section 8(1) of Sexual Offences Act or alternatively with sexual assault contrary to section 5(1)(b) of the same Act. The particulars of the main charge were that on 25th day of March, 2007 in Siaya District of Nyanza Province he had carnal knowledge of S.A a girl of the age of 10 years. The particulars of the alternative charge were that on the same day and place he unlawfully and indecently assaulted S.A by touching her private parts. The appellant denied the charges when plea was taken on 3rd April, 2007.
The case was heard on 18th September, 2007 when S.A (PW2) testified on oath and said that she was at the house of her aunt M.O (PW1) alone when the appellant came there and asked her to take some bananas to him at his house. When she did so he held and took her to bed and forcefully had sex wit…