(3)The accused person did
duty) it does not shift
cannot be convicted
a weak defence.
I will deal with each ingredient separately.
Whether the victim was below the
of 14 years.
After carefully evaluating the evidence for the prosecution I am convinced that
to prove that
10 years at the time of offence.
victim Imelda Tibita was
testimony and my observation satisfied
rrie that this was the case. I was also convinced by the
(P\VA) which confirmed that the victim was 11 years at
by medical evidence adduced by the
PW.5 who examined PW.1 on
and found that she was 10 years old
the time of examination.
vVhether a se:-~ ual act ·was performed on the victhu. (complainant)?
Sexual Act as penetration "'
of any person
"""""'",,... however slight. A sexual
mouth or anus
is defined as a
a fraction of a
millimeter, is enough. The hymen
not be raptured and emission of seed is not