6 unchallenged facts demonstrate only one thing; that the act was that of the accused person and this I shall further hold as a fact. In view of the above, I am satisfied that the prosecution has sufficiently established the commission of the offence contemplated under Section 124 of the criminal code against the accused person. I shall accordingly find the accused person guilty as charged on Count I. Turning now to Count II, I have already held that the accused person had carnal knowledge of PW1 and because PW1 did not consent to this, I will also hold that the act was unlawful and this I shall find as a fact. The lone issue that must now be resolved with regards to the second count is whether PW1 was under the age of 18. In fact, according to the proviso to Section 127 of the Criminal Code, it shall be a sufficient defense, if it is shown to the satisfaction of the Court that the accused had reasonable cause to believe and did in fact believe that the girl in question is above 18 years. Therefore, the issue of the age of the girl is of crucial importance in the prosecution of a Section 127 offence. Although PW1 testified that she was 16 years old as at the 14 December 2010 when she testified in Court, which piece of evidence was supported by the oral evidence of PW2, there is no other evidence tending to confirm that fact. The Prosecution did not tender her birth certificate or any other medical report to support this assertion. I have warned myself of the severe punishment of fourteen (14) years