JUDGMENT
The appellant was charged before the Magistrate’s Court at Tigania in Criminal Case No. 906 of 2015 with the offence of attempted rape contrary to Section 4 of the Sexual offences Act, and in the alternative he was charged with the offence of committing an indecent act with an adult contrary to section 11 A of the Sexual Offences Act.
The prosecution called three witnesses but the appellant did not offer any defence. After a period of about one year, the court on its own motion decided to close the trial after it observed that the appellant was not keen to present any defence. The trial court then wrote a judgment based on the evidence adduced, found the appellant guilty, convicted him on the main charge and sentenced him to 10 years imprisonment. The appellant was discharged on the alternative charge.
Aggrieved by the said conviction and sentence the appellant appealed to the High Court which upheld the conviction but reduced the sentence to 5 years imprisonment. Still dissatis…