was arrested the complainant had not given birth yet – she was only 30 months pregnant and it is not known how the appellant, who was not on bail after the said arrest got to know about the facts of the normal delivery of the baby. Our main point in this case is that a girl under the age of 13 years of age was defiled and she fell pregnant. The Appellant has admitted he defiled the girl and made her pregnant. The girl was said to be under the age of 13 years and the same was confirmed medically. This, in my view satisfies the qualification of defilement. I must therefore find that the sentence imposed was appropriate in the circumstances. I therefore confirm both the conviction and sentence and dismiss the appeal accordingly. MADE in Court this 17th day of September, 2008. E.J. Chombo JUDGE 5