Though the above cases involve charge of murder or culpable homicide, the law applies with equal force in a situation such as the one at hand where the Victim was last seen with the Appellant in healthy condition and the next thing was that she was seen with blood stained vagina and inflammation. The burden was shifted to the Appellant with whom she was last seen healthy, to offer a plausible explanation of the cause of her new condition. It was the evidence of DW4 the Appellants colleague at the school, that on the day of the incident most of the staff were there when the child was busy playing. She (Victim) was carried home by the accused around 1:32pm . At the meeting (after the incident) the conclusion was that the case was not done in the school but outside. Furthermore, the evidence of PW2 and PW4 that the Appellant and his mum and mother in law pleaded that PW2 should withdraw the matter and leave everything to God cannot also be ignored as 23 another circumstantial evidence that lends credence to the other established pieces of evidence implicating the Appellant in a material respect. The circumstantial evidence on record, I am in agreement with the learned Respondents Counsel, is direct, cogent and unequivocally and irresistibly points to the accused as the person who committed the offence. On this the learned trial Judge at pages 103 104 of the record held inter alia: The prosecution Counsel pointed out which I find to be correct that the evidence in this case particularly that of DW4 and DW5 showed that the offence could not have been committed within the school as the pupil in PW6s class are closely guarded when they close before the whole school close. The PW7 who was the head teacher at the time of the incident also testified that he saw the PW6 playing after their class had closed. The accused himself testified that when PW6s class closed at 12:00 noon they are gathered in one place and have access to toilet only with the head of nursery in attendant and not by themselves. Therefore what other reasonable conclusion can this Court make