JUDGMENT OF THE COURT
The appellant, Jacob Odhiambo Nyangwara, was charged in the Senior Resident Magistrate’s court with the offence of defilement of a girl contrary to Section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006.
The particulars of the offence were that on 20th May 2008 at [particulars withheld] Estate, Oyugis Town in Rachuonyo District within the former Nyanza Province, he had carnal knowledge of FO (PW 1), the complainant, a girl aged 7 years. He faced an alternative charge of indecent act with a child contrary to section 11 (1) of the same Act, the particulars of which were that he intentionally and unlawfully indecently induced FO by touching her private parts.
The appellant denied the offence.
The brief facts are that on 20th May, 2009, the appellant accosted FO who was with her friend CA, PW2. He beat CA causing her to run away, and then caught hold of FO and dragged her into a nearby bush. He removed her skirt and under pants, lay down on her and defiled her. W…