8
it stands to reason that the charge of rape under Count I will therefore
not stand.
There is no evidence on record of any conjugal relationship between
the accused and PW2 and PW3. I have not seen on record any other
justified reason why the accused should engage in sexual activities
with PW2 and PW3. The effect of this is that the sexual encounters
with the accused persons were unlawful and this I shall hold as a fact.
As already stated above, exhibits “G” and “J” confirms that PW3 was
born in 1996. This will put her age at 15 years. From exhibit “H” PW2
was born in 1995. This puts her age at 16 years. There is no evidence
on record challenging these facts. I therefore take them as admitted.
From the foregoing, I am satisfied that the evidence on record has
established the following; (a) that there was carnal knowledge of PW2
and PW3, (b) that these acts of sexual intercourse were unlawful, (c)
that PW2 and PW3 are both below the age of 18 years, and (d) the acts
were those of the accused person. The prosecution has in my mind
successfully
established
the
offence
of
defilement
against
the
accused on both PW2 and PW3 and this I shall hold as a fact.
I now turn to the seduction charges. As a preliminary issue, I must
state that both the Children’s Act and the Criminal Code fail to define
what seduction means. However, under common law, seduction
occurs when a man entices a woman of previously chaste character to
have
unlawful
intercourse
with
him
by
means
of
persuasion,