JUDGMENT OF THE COURT
1. The appellant, Reuben Kisucha Kakai, was charged with the offence of defilement contrary to section 8 (1) as read with 8(2) of the Sexual Offences Act, No. 3 of 2006. The appellant also faced an alternative charge of committing an indecent act contrary to section 11(1) of the same Act.
2. The particulars of the offence were that on the 26th September 2009 in Lugari District within Western Province, the appellant unlawfully and intentionally caused penetration with his genital organ namely, penis, into the genital organ namely, vagina, of a child, JNW, aged 4 years.
3. The prosecution called a total of 5 witnesses. PW1, Peter Wenani, a clinical officer in a local hospital, testified that on 26th September 2009, the complainant was taken to the hospital by her mother and some police officers. It was reported as a case of defilement. On examination of her vagina, he found blood stains on the victim’s green whitish grey pant and skirt; the hymen was torn, and the vag…