JUDGMENT OF THE COURT
The appellant Juma Kalio was charged with the offence of defilement of a girl contrary to section 145(1) of the Penal Code and a second count of unnatural offence contrary to section 162(a) of the Penal Code. He was convicted of the offence of defilement and sentenced to eight years imprisonment plus two strokes of the cane by Aburili (Senior Principal Magistrate) on 12th March, 1998.
His first appeal was dismissed by the superior court (Waki, J.) on 26th November, 1999 but the sentence varied only to the extent that the imprisonment would be served with hard labour. He has appealed to this Court, his appeal being a second appeal, it can only be on a point of law in terms of section 361(1) of the Criminal Procedure Code. Appellant appeared before us in person as was the case in the superior court and as opposed to him having been represented in the trial court. Apart from the issue of severity of sentence imposed on the appellant and which does not lie for our cons…