corroborating the story of the complainant who gave unsworn
evidence.
2) The lower court erred in law in failing to consider the evidence
that casted doubt on the veracity of the allegations against
the Appellant.
3) The sentence is manifestly excessive.
The Appellant was a 57 years old teacher who was alleged to
have defiled a 7 years old pupil. The story of the complainant is that
he told her to lay down and undressed her while putting his
manhood in her vagina. She felt pain. He did the same on the next
day. In all he is alleged to have defiled her thrice.
According to section 6(2) of the Oaths, Affirmations and
Declarations Act, the unsworn evidence of a minor is required to be
corroborated as a matter of law.
The case of Kagwa v R 14 MLR 3 says that 'corroboration is
nothing more than some additional evidence from a source which
is independent of the evidence of the witness whose evidence
requires corroboration'.
The Appellant confessed in his caution statement which was
not retracted that he told her to remove her clothes and she did so
and was left with pants only which were pulled down to her knees.
Appellant said that as the girl slept on the floor and as he wanted
to sleep on her he heard a knock. The girl dressed up and sat on
the chair while he went out to attend to the knock.
This confession is corroborative enough of what the victim girl
said. The medical report which was done much later because the
matter was reported to police about 2 years later was of no help to
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