5
These pieces of evidence are also contained in exhibit “B” the
cautionary statement of the accused. It is settled that facts which are
not in dispute need no further proof. I am therefore inclined to hold
that PW1 was kept away from her lawful guardian and this I shall hold
as a fact.
There is also uncontroverted evidence that PW2 and PW3 went for a
man hunt for PW1 to no avail. It is certain that if PW2 or PW3 had
consented to the taking away of PW1 they would not have gone
searching for her the whole night. The evidence on record points to
the fact that at the time PW1 left the house none of her parents were
at home. I do not see how logical it would be to try to infer consent on
the part of PW2 and PW3 in the circumstance. The logical conclusion
is that they did not consent to the taking away of PW1 and this I shall
also hold as a fact.
I have seen from exhibit “G” the birth certificate of PW1 that she was
born on the 15 January 1994. This piece of evidence is not only
unchallenged, but remains the best evidence to determine the age of
PW1. I have no reason to fault this piece of evidence; rather, I believe
same in its entirety and as such I am inclined to find that PW1 at all
material times relevant to this offence (2009) was just 15 years old. I
need not say that this is certainly below 18 years. I am therefore
satisfied that PW1 was below 18 years old at the time of this alleged
offence and this I will further hold as a fact.