For the reasons I have outlined I am satisfied beyond doubt that prosecution has
proved participation of both A.3 and A.4 in the commission of this offence. They
were part of the group that dragged the victim and gang defiled her from 7:00p.m
to midnight that day. I will however find that participation of the juvenile
offenders A.1 and A.2 has not been proved beyond any reasonable doubt. As I
have already stated I am in agreement with well considered opinion of the
assessors.
Consequently I will find that the offence of aggravated defilement has not been
established against A.1.
I will also find that A.2 Owere Jacob is not guilty and will acquit him of
aggravated defilement c/ss 129 (3) and 4 of the Penal Code Act. The indictment in
respect of the two is dismissed.
I will however find both A.3 Abdullah Yusuf and A.4 Owor Charles alias
Kulawaya guilty and convict each for aggravated defilement c/ss 129 (3) and (4)
of the Penal Code Act.