failed to prove this element and it is accordingly resolved in favour of the accused. The accused should have been discharged and acquitted at this point, but I have referred myself to the provisions of section 151 and 155 of the Criminal Procedure Code, and it now seem incumbent upon me to determine whether on the evidence, the accused falls to be dealt with in terms of the provisions of section 127 of the Criminal Code. For the accused to be dealt with in terms of Section 127, it must be shown that:(a) There was carnal knowledge of a girl, (b) The girl was under the age of eighteen years, (c) The act was that of the accused person, and (d)The act was unlawful. The facts of this case reveal that accused had sexual intercourse with a girl under the age of 18 years. Pre-marital sex with a girl under 18 years is unlawful and cannot be justified under our laws. All the above elements have therefore been affirmatively established and this is beyond reasonable doubts. In view of the foregoing, I am satisfied that the accused, in the circumstances, is guilty of defilement as stated in section 127, and not of rape wherewith he was charged. I therefore find the accused not guilty of 8