JUDGMENT OF THE COURT
[1] This is a second appeal against the judgement of the High Court dated 17th February, 2013 wherein the appellant’s conviction and sentence for the offence of defilement was confirmed.
The summary of the evidence adduced before the trial court is as follows. S N (PW1) hired the appellant who was a ‘boda boda’ rider to ferry his daughter M.A.N, a minor aged 3 1⁄2 years old to and from school at [particulars withheld] Academy. On 22nd September, 2010 the appellant picked up the minor early in the morning and dropped her at school. However, he returned the minor back home at around 12:15 p.m. which was a bit later than usual. J A (PW5), the minor’s mother, noticed that she was not herself. She was moody, quiet and sleepy. She allowed her to sleep until 4:00 p.m. when S came back from work. He also noticed that the minor wasn’t cheerful but attributed her mood to fatigue.
[2] In the evening when J was preparing the minor for a bath, the minor was still irritable and d…