in the compound that confronted the accused and I was part of them” The accused person’s son that was alleged to have knocked at the door on that fateful day, testified as DW3. In his evidence-inchief, he stated that he did not knock at the door and did not go close to the door as he was playing with his friends. Under cross-examination, he restated that he told the police that he did not knock at the door on 9/5/14 as alleged. It is instructive to state here that the PW1 while adducing evidence-in-chief stated that one of his finding is that about 3 persons, who are co-tenants of the accused person came to the police station and made statement confirming the incidence. However, in the wisdom of the prosecution non of these statements were tendered as exhibits in this trial. One begins to wonder why the prosecution is withholding these all important documents. On the part of the PW3 (the victim) in her evidence-in-chief she stated thus: “In 2014 in the night my step mother went to the market and my Dad asked my brothers to go to stream and fetch water and I asked my Dad whether I can follow them he said No. When my brothers have gone I went back to bed and my Dad went and shut the door and came down to my bed and pull my cloth and I asked him what he was doing and he said nothing and I started crying and he had sex with me that night” 22

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