The prosecution called seven (7) witnesses and tendered three (3)
exhibits in support of the indictment. The accused testified as the lone
witness in his defence and tendered one exhibit.
The prosecution‟s case is that on or about the 1st day of November
2011, PW4 over heard the prosecutrix telling the accused to leave her.
This was in the accused person‟s room. PW5 entered the room where
she met the accused on the prosecutrix. She alerted other neighbors.
The accused then ran out into the toilet. She observed the child and
found some slippery water on her. The child was later examined at the
RVTH and exhibit “B” issued. The accused was later arrested and
statements recorded from him. These statements were received in
evidence as exhibits „A‟ and “C‟.
The accused denied the allegations both in his statements to the police
and in his evidence before this court. In his defence the accused stated
that while doing some laundry that day, he needed to get some more
soap and so sent the prosecutrix to get the soap for him. As the
prosecutrix was returning from the shop she fell onto the ground and
he assisted to lift her up. PW4 then came to the scene and raised
concerns. In his cautionary statement he said he went into the room to
get some money for the soap without noticing that the prosecutrix was
behind him. When he turned he mistakenly pushed the prosecutrix to
the ground. PW4 came in when he was assisting the prosecutrix to get
up.
Under section 121 of the Criminal Code, the essential elements of rape
which have to be proved beyond reasonable doubt are: 2