Although the presence of consent has been held to be a complete defence to the offence of rape (IKO v. THE STATE (supra), and in as much as Section 121 of the Criminal Code is silent on the issue of consent by minors, I hold the strong view that minors of about 12 years cannot give a valid consent to sexual intercourse. However, I can invent the law. With the presence of consent, the charge fails. I should have proceeded at this point to discharge and acquit the accused person. However, since the prosecutrix is below 18 years, and the accused was not lawfully married or had any other proper cause to have sexual intercourse with her, I find that the facts on record sufficiently proves the offence of defilement. It is for this reason that I will find the accused guilty for defilement contrary to Section 127 of the Criminal Code. The accused person is according convicted under Section 127 of the Criminal Code. PREVIOUS CONVICTION Mrs. A.D. BWALA: My Lord, there is nothing known. COURT: I take that the convict has no previous criminal record. ALLOCUTUS Mrs. Uduma: My Lord we are on bended knees asking for the court to temper justice with mercy. The convict is an old man. I urge the court to invoke section 29 of the Criminal Code which allows for a lesser sentence in favour of the convict. 6