(2)

lt<of•YlT~~-1-!:l-1~t-,::i:-i~-<:!1"\Prtr.rnrP~--t-'>'t't-~·············

(3)The accused person did

While prosecution

executing

is presumed
because he

duty) it does not shift

· till

the accused

proved.

who

cannot be convicted

a weak defence.

I will deal with each ingredient separately.

(1)

Whether the victim was below the

of 14 years.

After carefully evaluating the evidence for the prosecution I am convinced that
prosecution adduced

to prove that

10 years at the time of offence.

victim Imelda Tibita was

testimony and my observation satisfied

rrie that this was the case. I was also convinced by the
(P\VA) which confirmed that the victim was 11 years at
evidence is

of
time

mother
testimony.

by medical evidence adduced by the

PW.5 who examined PW.1 on

Exhibit

Oundo

and found that she was 10 years old

the time of examination.

(2)

vVhether a se:-~ ual act ·was performed on the victhu. (complainant)?
Sexual Act as penetration "'

of any person

a

"""""'",,... however slight. A sexual

mouth or anus

is defined as a
a fraction of a

or
millimeter, is enough. The hymen

""h"H'""''

not be raptured and emission of seed is not

2

Select target paragraph3