JUDGMENT OF THE COURT
The appellant and the complainant in the Criminal Case that is the subject of this appeal are biological brother and sister. On 27th March, 2011, the appellant, his younger brother GJ (PW3), and the complainant, aged 9 years old were at home alone. At around 5.00 p.m. the appellant chased away PW3 and was left with the complainant in the house. He immediately seized the complainant, tossed her into their parent’s matrimonial bed and sexually assaulted her both in the anus as well as in the vagina. Before embarking on the despicable act, it is alleged that the appellant applied some jelly to the genital organs of the complainant. Thereafter, the appellant walked away and when PW3 came back the complainant immediately told him what had transpired.
When their mother, EW (PW2) came back from running her errands at about 6.00 p.m. both complainant and PW3 narrated to her what the appellant had done to the complainant. PW2 waited until the following day when she reported…