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associated with this offence and, it immediately seems to me that oral
evidence as to the age of PW1 does not suffice.
The issue of age is central to a Section 127 offence. Evidence as to
the age of the victim, therefore, needs to be copious and cogent and
may require in some cases, like in the instant case, some form of
medical evidence or report supporting the alleged age. I say so
because, under cross examination on the 2nd of March 2011, PW1 said
she put to birth in December 2010 after a full blown period of nine (9)
months. My understanding of this piece of evidence is that, PW1 was
already an expectant mother in May 2010 when these offences were
allegedly committed.
From the foregoing there are candid doubts in my mind whether PW1 is
indeed under the age of 18 as alleged. It is trite that once there is a
doubt in criminal matters, such doubts must be resolved in favor of the
accused. I shall accordingly resolve this doubt in favor of the accused
herein and in doing so I shall find him not guilty of the offence charged
under Count II.
Having already found him guilty on Count I, I shall now proceed to
convict the accused person. The accused person ASSAN JARRA is
accordingly convicted as charged pursuant to Section 124 of the
Criminal Code.
PREVIOUS CONVICTION: Nothing Known.
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