JUDGMENT OF THE COURT
1. The appellant was charged with defilement of a girl child 15 years’ old who was epileptic. The particulars were that on the 29th day of June 2012 in Bondo within Siaya County he intentionally caused his penis to penetrate the vagina of SAO a child aged 15 years.
2. PW1 PAO testified that she was the mother to the complainant (SAO). That on 29th June 2012 at about 3.00 pm she sent SAO together with another child called E to a posho mill. That SAO does not go to school because she is epileptic. That at about 6.30 pm, the child E came back alone crying. PW1 asked her where SAO was. She said SAO had been taken away by the appellant who came from a forest behind them. That she went to check and met SAO on the road not walking well. She asked SAO what happened. SAO told PW1 that the appellant had held her and taken her to the forest and defiled her. PW1 testified that SAO’s skirt was blood stained and torn. She had bruises on her hand. That the following day PW1 took …