JUDGMENT OT THE COURT
1. The appellant, Justin Kubasu, was arrested and arraigned before the Chief Magistrate’s Court at Busia on 11th January, 2010 on a charge of incest, contrary to section 20(1) of the Sexual Offences Act. The particulars of the charge were that:-
“On the 5th day of December 2009 at [Particulars Withheld] village, Marachi East Location in Busia District within Western Province, unlawfully and intentionally caused his penis to penetrate the vagina of LAO a girl aged 8 years.”
2. He faced an alternative charge of indecently assaulting the child by unlawfully and intentionally rubbing his penis against her vagina without her consent. It would appear however that the charge was subsequently substituted on 19th August, 2010 with one for defilement of a girl. Although the charge was changed from incest to defilement, the rest of the particulars, including the section of the law the charge was pegged on remained the same. We shall advert to that issue later in this judgment.
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