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school compound where he sexually assaulted her on a mattress that
was lying on the floor. The prosecutrix later reported to her mother
who observed her, took her the hospital and then to the police. All the
medical reports alleged to have been issued were rejected in evidence
by this Court on the 13/12/2010 and the 11/01/2011 respectively. The
prosecutrix subsequently took the police to the room where she was
sexually assaulted and also identified the accused both to her teacher
and the police as the man who sexually assaulted her. Suffice to say
that at all times material to this alleged offence, the accused worked
as caretaker of ROSATOU nursery school where the prosecutrix
schooled at the time.
The accused person denied the charge both in his statements to the
police and in his testimony before this court. Perhaps it is important
to state that at the close of the trial both sides were given the
opportunity to file written addresses. While the defense filed and
adopted a four page written address, the prosecution decided to waive
their right to address me thus paving the way for this judgment.
In her written submission Counsel for the defense harped on the lack
of corroboration of the evidence of the prosecutrix and concluded that
the requirements of Section 180 (2) (a) of the Evidence Act have not
been satisfied by the evidence of the prosecution witnesses. She
framed the lone issue for determination as follows:
•
Whether the prosecution has proved the case of defilement
against the accused beyond reasonable doubts in this case?