-,
In
instant case
is evidence from PW3, who found the accused defiling the
vic~im,
and the _b_lood found by PW?, PW4 <;md_ PWS in he_r private
must have
been from injuries she had sustained during the defilement.
people speaking
as
truth. I therefore accept
found blood in
me as
witnesses truthful and reliable.
I found all the oro>Sec:u
by accused's penis when he put it in
victim's private
toddler's private
that they
with both learned counsel that the
I accordingly
prosecution has proved the sexual ingredient beyond reasonable doubt.
I now turn to the third and last ingredient of the
prosecution called a total of 5
in
the
The
these, PW3 told court
had witnessed
defile
1es~;es.
Out
victim.
told
court that on the material day,
was
was in
victim and one Kemirembe Aisha. That at
kitchen. She was with
time,
victim
I asleep
put in a chair in the
she heard
she was taken inside
room.
child crying.
PW2's home. That
leged participation
went
she went back
house
12.30 p.m.,
sleep.
the
was
a while,
find out what was
found the accused person lying on top of the victim having sex with her. That she
saw the penis through
untied/opened trouser and he had put in
victim's
the victim had no knickers on her by
That when the accused saw her,
Then
came
the victim and moved to another
moved out and called PW4 and told
and PW4 who also informed PWS, the
after
informed PW2 when
Chairman of
what
had witnessed
area who arrested
his property and run away from their home.
returned from the Mosque.
3
also