Judgment.
WG, then aged 14 years according to Dr Maina (PW 1) and in standard V, on March 12, 1982 at about 8.00 pm left her house to carry food to her grandfather in a house nearby. On her way back, she met the appellant and another man near the toilet. The other man who she knew, pulled her, held her mouth and then the appellant who she knew as a neighbour, emerged. Both men carried her to a “shamba” some distance from her house. He mouth was held during the journey to the shamba. The appellant had sexual intercourse with her after the other man had removed her knickers and held her legs. After the appellant, the other man had his turn. After they let go of her, she screamed and her father came. She told her father what had happened to her. She gave the names of the appellant and the other man David Munyi. She was taken to hospital. He father’s evidence was this that after the complainant’s mother became anxious about WG he got out of his house carrying a torch, to check. Missing her…