[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.