But as PW3 was giving the Prosecutrix a bath in the evening, she repeated to her that PW3 had touched the place where the accused touched her and it pained. Upon this information, PW3 alerted two of her neighbors and then proceeded with the prosecutrix to the hospital. She was referred to the police who returned with her to the hospital. The Prosecutrix was then examined by PW4 and given medication. The medico-legal certificate issued upon the examination of the Prosecutrix is in evidence as exhibit “B”. The accused was later arrested by PW2 and statements recorded from him by PW1 and PW5. These statements were received in evidence as exhibits „A‟ and “C‟. The girl victim was too shy to, and could not testify in court apparently due to her very tender age. In his defence the accused stated that when he returned from work on that day he entered his room and suddenly saw six police officers coming for him. He was informed that he had raped the prosecutrix; the daughter of his brother, but he denied the allegation. He was arrested and beaten on the way as he was being taken to the police station leaving him with injuries on the head. A statement was then written at the police station and he was forced to sign same as his. He thus denied the charge thereby putting in issue all the essential ingredients of the offence of rape. Under section 121 of the Criminal Code, the essential elements of rape which have to be proved beyond reasonable doubt are: - that there was unlawful sexual intercourse involving the prosecutrix; that the prosecutrix could not or did not consent; and that the accused 2