At the close of the day the lower court found that prosecution had proved the case to the requisite standard and convicted the appellant and sentenced him to 8 years imprisonment with hard labour. In my view, the matter has its genesis from the events of the night of 15 January 2008 in the bathroom of PW4. On this night PW4 heard footsteps across her verandah then she heard voices in her bathroom. She got suspicious about the circumstances and decided to go and check who it was that had occupied her bathroom. This was about 9.00 pm and, in accordance with the evidence of the appellant himself, people in Mtandire walk about long after that hour. As PW4 went towards the bathroom to open the door the appellant opened the door and came out but with his trousers down. PW4 was able to identify him as her tenant and she asked him what he was doing in her bathroom. It was at this point that the appellant pulled his trousers up and told her that he was relieving himself and he left the scene. She was not completely satisfied so she lit a match and found the complainant hurdled up in a corner. PW4 asked PW1 what she was doing and PW1 told PW4 that she was urinating. When PW4 was not satisfied with PW1’s answers she told PW1 that she would report the matter to her father. It was at the point that PW1 bolted from the bathroom but PW4 informed complainant’s father about this matter. Meanwhile, PW1 was arrested by another woman and brought back to her father and upon being questioned about the matter she revealed that she had had several sexual relationships with the appellant. She further revealed that on the night in question PW4’s coming to the bathroom had frustrated appellant’s plans to have sex with her yet once again. As the matter occurred at night PW1 could only be taken to hospital on 16th January. The 8

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