R. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant was charged with rape punishable under Section 283 of the penal code in that he had sexual intercourse with a four year old girl. At the trial the prosecution called three witnesses. At the conclusion of the evidence for the prosecution, the defence made a no case submission which was overruled by the trial judge. The appellant then gave evidence on his own behalf. He did not call any other witness. After hearing submission of counsel the trial judge, in a reserved judgment, found the appellant guilty of committing the offence. The appellant was convicted and sentenced to Ten (10) years imprisonment.
The appellant was aggrieved with this decision, he therefore appealed to this Court. The Notice of Appeal contained two grounds of appeal. The appellant filed his brief of argument in which he identified two issues for the determination of the appeal. The respondent also filed a brief. In the respondent's brief two i…