- . did not dilute the authenticity of the doctor's I am beyond any doubt that a sexual act was performed on below 10 years. Imelda Tibita c.:· is;.• Whether the accused participated in committing the offence? (3) PW. l testified not on oath that on 11.08.2009, the accused maize garden with the victim into a and biscuits. That on reaching there the accused lifted and had sex with her. During testimony PW.I sounded emphatic and demonstrated with said to have to what befell her. That the act, accused her money but she rejected it. She tried to make the accused stopped her. PW. I ran immediately to but Wandera crying. She before W andera and reported to him that a man had defiled her. knew and could PW. I pointed out with PW.3 :Nlustafa the man. them to the scene. On the way they met the accused who was PW.1. On PW.I with PW.2 and PW.3, he tried to run away but he was arrested. All the pros' "'rl broad day witnesses knew the accused v leaving no possibility The offence took place any mistaken identity. PW.1 accused is a neighbour. PW.2 1mew the accused before. PW.3 knew the ,,,.,_..,,.,,, he hired him on was When PW.3 asked the accused why he committed the offence, he said he did not know ~~~-- 4