0 ( The accused participated in the offence The parties agreed on all the three ingredients except participation of the accused upon which they agreed to submit. Juliet, the victirn, that the accused, ·who husband to her mother, forced her into sex in the parents' marital bed. For clarity purposes, the victim is the daughter of the wife but not of the accused. She is therefore a step daughter whom the accused found already born when she married the mother. This however does not diminish the guardianship role enjoyed by the accused over the victim. She stated that he had sex with her several times and. gave money in exchange. That the child she has was fathered by accused and that she had never slept with another man before accused defiled her. That she later reported the matter to mother. her the the her The mother reported the matter to the Local Council authorities but they did not take action. That the m8tter was later reported to higher ::. Tnth9rities with the help NGO called MIFUMI. Wheret~tB61r the accused was was taken for medical examination and hence their presence in court. She mentioned the existence of a land wrangle between the' two parents. The victim, who is now a young mother, said to be infected with the HIV virus, seemed calm and composed in the witness box. ' The next witness to pin the case of defilement on the accused was Adikin Beatrice the mother of the victim and wife of the accused. She first stated that she was 35 years but under cross examination admitted to not knowing her proper age. She stated that her daughter was born in 1992, which would make her older than 14 years but still below 18 years. The difference in age therefore would not make a material difference as far as the offence of aggravated 2