examination, the accused stated that he had thought about the age of
the complainant and that was why he had asked her whether she was a
virgin and had never thought that she was under 18 years. When asked
where in his statement Exhibit 2 did he mention that the complainant
had asked him for money, the accused responded that it was not in his
statement because he was not allowed to write his own words and was
being commanded to write what the girl and her father said.
The accused further testified under cross-examination that he
conditionally accepted the pregnancy though he has used a condom just
to end the problem and to save himself from destruction in life. Further,
he admitted that as a teacher, students looked up to him and the
complainant as a student was more likely to listen to him but denied
using that opportunity to have sex with her. He also denied using his
position to solicit and have sexual intercourse with the complainant,
because it was she who had tried him several times.
At the close of the evidence of the defence, oral addresses were made.
Mr. O.D. Mbye of counsel for the accused person in his address,
submitted that the defence would rely heavily on the evidence in this
case to establish that the accused had no reasonable cause to believe
that the complainant was under 18 years at that time. That the accused
had believed at the time that she was 18 years and above. It is the
submission of counsel that it is imperative to look at the circumstances
under which the carnal knowledge was had. That the complainant was
invited by the accused to his house, that she went but did not find him
the first time. It is his submission that a girl under 18 years is not
expected to answer to such a call especially at night. That the accused
must be judged by the standards of a reasonable man and that a
reasonable man could not think that she was under 18 years at the time.
Counsel submitted further that it takes a real woman to behave the way
the complainant did at the second time of her visit. It is the further
submission of Mr. Mbye that there is no evidence that the complainant
resisted the advances of the accused, that after the intercourse, she had
gotten up and left and that was the last time she saw the accused. That
she is not innocent at all. That her mind set is that of a woman and not
of a girl under 18 years. counsel further submitted that the complainant
was able to keep her pregnancy hidden for some time which only a
woman and not a child could do. That the accused had no reason to
believe that he was dealing with a girl under 18 years because she did
not behave like an innocent person in anyway. Counsel further
submitted that innocence is important here in the reasonable inference
to be drawn from the behavior of the complainant. That having known
what was to happen after the first night, she could not be said to be
innocent. Counsel urged the court to acquit and discharge the accused
on this point.