JUDGMENT
TOO (the appellant) is currently serving a life sentence after conviction of an offence of defilement contrary to section 8(2) of the Sexual Offences Act. His first appeal to the High Court against both conviction and sentence failed and hence this second appeal.
At trial, the prosecution put together a case of four witnesses. At the time of testifying WTA told the court that she was 5 years old and a pupil in Standard 1 at [Particulars Withheld]. On 30th of September 2011 as she came from school she met the appellant who took her to his mother’s house, and offered her chapati and porridge. She ate the chapati. He then took her to his bedroom and while there he removed her skirt and pants, and also his trousers.
It was the evidence of the minor that the appellant then removed his “dudu’’ and put it into hers. In a word, that he defiled her. She was in pain and screamed in distress. However, no one came to her rescue notwithstanding that she thought the appellant’s mother, who wa…