ruptured. It shall not be necessary to prove the completion of the intercourse by an emission of seed, but the intercourse shall be deemed to complete upon prove of penetration only. That prove had been established by the medical certificate and I so believe it as being authentic and conclusive prove of the carnal knowledge of PW 1. However, I would also look beyond to see what the other witnesses say about the carnal knowledge. PW 1, the victim testified that the accused undressed her whilst he held a knife in his hand and took off his own clothes, covered her mouth and thereafter climbed on top of her. He thereafter inserted his private part into hers. PW 3 Maget Faal in her testimony stated that on account of her daughter’s complaint of virginal pains and persistent cries, she asked her guest to check the daughter for her and on checking, the guest said that somebody had sex with her. On account of the foregoing, I therefore resolve issue 1 in favour of the prosecution and I so hold that based on the medical evidence, there was carnal knowledge or penetration which resulted to fresh bruised hymeneal tear of PW 1’s virgina. I now proceed to issues 3 and 4 and ask whether the act was unlawful and that the victim is indeed under the age of sixteen years of age. PW 3 Maget Faal testified that her daughter was born on March 1, 1992 and that she applied for the daughter’s birth certificate in April 1994. The birth certificate was admitted in evidence without objection and marked Exhibit 2. It is therefore correct and indisputable that as at the date of the offence, the victim was ten years old or thereabout and certainly below the age of sixteen years 15