RULING OF THE COURT
1. JOSHUA ALUBE GILBERT, the appellant, was charged before the Senior Resident Magistrate’s Court at Winam with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No.3 of 2006. He also faced an alternative count of committing an indecent act to a child contrary to Section 11(1) of the same Act.
2. He pleaded not guilty to both charges but after trial, he was convicted on the main count and sentenced to ten years imprisonment. His appeal to the High Court was dismissed by Aroni, J. thus provoking this appeal.
3. This being a second appeal, Section 361 of the Criminal Procedure Code (the CPC) requires us to deal with only issues of law. What then are the issues of law raised in this appeal?
4. In his four grounds of appeal set out in the memorandum of appeal and seven in the supplementary memorandum, the appellant complained that the learned Judge of the High Court erred in failing to realize that:
(i) the medical evide…