(2) lt<of•YlT~~-1-!:l-1~t-,::i:-i~-<:!1"\Prtr.rnrP~--t-'>'t't-~············· (3)The accused person did While prosecution executing is presumed because he duty) it does not shift · till the accused proved. who cannot be convicted a weak defence. I will deal with each ingredient separately. (1) Whether the victim was below the of 14 years. After carefully evaluating the evidence for the prosecution I am convinced that prosecution adduced to prove that 10 years at the time of offence. victim Imelda Tibita was testimony and my observation satisfied rrie that this was the case. I was also convinced by the (P\VA) which confirmed that the victim was 11 years at evidence is of time mother testimony. by medical evidence adduced by the PW.5 who examined PW.1 on Exhibit Oundo and found that she was 10 years old the time of examination. (2) vVhether a se:-~ ual act ·was performed on the victhu. (complainant)? Sexual Act as penetration "' of any person a """""'",,... however slight. A sexual mouth or anus is defined as a a fraction of a or millimeter, is enough. The hymen ""h"H'""'' not be raptured and emission of seed is not 2