SNT v Republic [2013] eKLR submissions that there was no medical evidence linking the appellant to the alleged offence of defilement of his child. He argued that he was never medically examined contrary to Section 36 (1) of the Sexual Offences Act. He maintained that the charges against him were fabricated; this was quite evident from the fact that the charge sheet indicated that the alleged sexual assault was reported on 12th October, 2006 which was after his arrest on 2nd October, 2006; that his constitutional rights to a fair trial within a reasonable time as provided for under Section 72 (3) of the repealed Constitution were violated because he was arrested on 2nd October, 2006 but was arraigned in court on 5th October, 2006; that the prosecution did not give any reasonable explanation for the delay; the learned Judge was wrong in invoking Section 354 of the Criminal Procedure Code to enhance his sentence yet the prosecution had not proved the age of the complainant. 9. Mr. J. Kaigai, Assistant Deputy Public Prosecutor, supported the conviction and sentence. He submitted that complainant’s evidence was clear that the appellant sent away the other children to the shop so as to get an opportunity to defile the complainant who was then aged 11 years old; that the trial magistrate found the complainant possessed sufficient intelligence and she gave sworn evidence which was believed by the trial court; further, her mother corroborated the complainant’s evidence on age; also the treatment notes and the clinical officer also confirmed that the complainant was 11 years old at the time of the sexual assault. Concerning the alleged violation of the appellant's rights under the retired constitution by a delay of three days before he was arraigned in court, the High Court correctly addressed the issue and concluded that the same did not affect the process of a fair trial. Finally, he argued that the learned Judge was correct in enhancing the appellant's sentence to life imprisonment because it was the legal sentence prescribed under the law for the offence of defilement of a child below the age 18 years. (10.) This being a second appeal, this Court is restricted to address itself on matters of law only. As this Court has stated many times before, it will not normally interfere with concurrent findings of fact by the two courts below unless such findings are based on no evidence, or are based on a misapprehension of the evidence, or the courts below are shown demonstrably to have acted on wrong principles in making the findings. See Chemangong -vs- R [1984] KLR 611. In Kaingo -vs- R (1982) KLR 213 at p. 219 this Court said:“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of fact arrived at in the two courts below unless based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did (Reuben Karari C/O Karanja -vs- R (1956) 17 EACA 146)” (11.) Bearing the above principles in mind, the appellant contended that the charge sheet indicated that the alleged sexual assault was reported and booked in the occurrence book on 12th October, 2006 while he was arrested on 2nd October, 2006. The Charge Sheet however shows that the offence was committed on the 22nd September 2006. The complainant in the company of her mother reported the matter to the police on the 27th September 2006; the police referred the complainant to hospital. They made it to the hospital on the 28th September 2006, and the P3 form was filled on 29th September 2006. The appellant was apprehended on the 2nd October 2006, and arraigned in court on the 5th October 2006. (12.) If there was a discrepancy in the occurrence book, regarding the date of the arrest and or even the date of the offence (which was not the case here) that in our most respectful view did not cause any prejudice to the appellant. In any event that is a discrepancy which is curable under Section 382 of the Criminal Procedure Code which provides: http://www.kenyalaw.org - Page 3/7