JUDGMENT OF THE COURT
In this second and last appeal, MICHAEL LOKWARA AYAN, (the appellant) challenges his conviction for the offence of defilement of a girl contrary to section 145(1) of the Penal Code. It had been alleged in the charge sheet that on the 16th day of July, 2004 at Lodwar Township in Turkana District of the Rift Valley Province, he unlawfully had carnal knowledge of A.E., a girl under the age of sixteen years. There was also an alternative charge of indecent assault on a female based on the same facts. Upon his conviction on the main charge, the appellant was sentenced to serve 28 years in prison. As this is a second appeal, only issues of law may be raised and considered. - See Section 361 of the Criminal Procedure Code.
As the sun set on the residents of [particulars withheld] Estate in Lodwar Township, on 16th July, 2004, 91⁄2 year-old A.E. (PW1) hereinafter (“A.E”), was sent by her grandmother to fetch some water from a tap near her house. There was enough light at …