[2] The brief facts are that after the accused’s wife passed away in 2010 the complainant who was 14 years old at that time, developed nightmares and epilepsy which caused her to be fearful at night. As a result she requested her father the accused, to let her sleep with him as they lived in a single roomed house. It is only then that she would manage to sleep peacefully without the nightmares. [3] During one night she woke up to find her father caressing her in an unusual manner. He then pulled down her panties and had sexual intercourse with her. He threatened her not to tell anyone about the incident. The accused did this on several occasions and after the complainant stopped going to his bed, he would go to where she was sleeping and have sexual intercourse with her. PW1 did not tell anyone as she was afraid of her father. This took place from the year 2010 to 2014. [4] During the month of February 2014 a neighbor met the complainant and noticed that she was pregnant. She called her to her house and examined her. Upon realizing that she was indeed pregnant the neighbor asked her who was responsible and the complainant told her it was the accused. The neighbor went to report the matter to the headman who in turn called the accused and asked him about the pregnancy. The accused admitted that he had been having sexual intercourse with his daughter. The headman then handed the accused over to the police.

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