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prosecution has pressed a charge of defilement against the accused
for his sexual relationship with PW3.
The accused was reported to the police by PW5 his former watchman
with whom he now has an acrimonious relationship. The accused
residence was searched wherein an empty pornographic cassette
folder- exhibit “C” was recovered. The accused was arrested, taken to
the police station and interrogated. Exhibits “A” and “B1-B2” are the
Cautionary and two Voluntary statements recorded from the accused
in the process. PW2 and PW3 were taken to the Royal Victoria
Teaching Hospital (RVTH) where they were medically examined.
Exhibits “F1-F2” are the results of the said medical examinations.
Exhibits “G” and “J” are the Child Health Visit Card and the birth
certificate of PW3 showing that she was born in 1996. Exhibit “H” is
the birth certificate of PW2 showing that she was born in 1995. Exhibit
“K” is a digital photograph taken of the accused and PW2 in his house.
The accused person denied the charges both in his statements to the
police and in his testimony before this court. He states that it is
impossible for him at his advanced age to have sexual intercourse
with two young girls at the same time. He tendered exhibit “DE2” to
strengthen the allegation of an acrimonious relationship with PW5
whom according to this exhibit was evicted by a Court Order from the
residence of the accused. These are the brief facts upon which I must
now proceed to determine the guilt or otherwise of the accused
person.