JUDGMENT OF THE COURT
[1] This is a second appeal by the appellant who is aggrieved by the judgment of the High Court (Mutende, J.) dismissing his first appeal against his conviction and sentence for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006. The appellant was tried and convicted of the offence by the Principal Magistrate’s Court in Makindu. The particulars of the offence were that on the 19th of May, 2012 at Mungwani market, Kakutha location in Makueni County within Eastern Province, the appellant intentionally and unlawfully caused his male organ to penetrate the vagina of DKM (name withheld), a girl child aged 14 years. The appellant also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act, No. 3 of 2006.
[2] At the trial the prosecution called six witnesses in proof of the charge. These were DMK the survivor of the offence; E mother to M…