JUDGMENT OF THE COURT
On 6th June, 2009, at about 10.00 pm., ABS, a girl aged 10 years was sleeping inside a house. Her mother heard her screaming and moved out carrying with her a torch. On checking, she found the appellant Siko Anyona lying on top of ABS, defiling her. On the appellant realising that ABS's mother had found him in the act, he hurriedly got off ABS and started to walk away. ABS's mother screamed for help and neighbours responded immediately, apprehended the appellant and escorted him to E Police Station. ABS was examined and treated and was thereafter issued with a P3 form which was duly filled. The appellant was charged with the offence of Defilement Contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act - Act NO. 3 of 2006.
In the alternative he was charged with the offence of Indecent Act with a child Contrary to Section 11 (1) of the Sexual Offences Act - Act No. 3 of 2006. The particulars of the main charge read as follows:-
“On the 6th day …