arrive at a conclusive finding that there was penetration however
slight. By this time all was normal with the victim girl. The court has a
duty to look at all the circumstances of the case to arrive at a
conclusion that there was penetration. It should not rely only on the
medical report.
The second ground of appeal appears to me to be of little or
no basis because the evidence of PW 2 which is in issue cannot be
said to be fit to be doubted. After all, since Appellant was
represented, his counsel had the opportunity to request the court
that he cross-examines PW2 why it took her over 2 years to report
the matter to police. It would not be fair to ignore her evidence
when counsel for the Appellant failed himself to seek clarification.
It makes sense to me that she may have found opportunity to report
the crime after the Appellant as perpetrator was dismissed from
being a teacher on the reason that she committed similar offences
with other girls. Victims and parents may not reveal the crime for
many other different reasons.
The victim's parent's recorded admission of the Appellant of
his sexual assault on the child victim is also independent
corroborating evidence. The recording was listened to in court. The
victim reported to her mother that she felt pain in her private parts
and that she had difficulties to urinate. This is evidence of
penetration corroborated by the confession in the caution
statement and the recording. In accordance with section 176 (3)
of the Criminal Procedure and Evidence Code, I find the
prosecution evidence to be materially true.
The sentence cannot be said to be excessive, rather, I would
go for enhancement of the same but I have refrained myself from
enhancing it due to the advanced age of the Appellant.
In the circumstances, the appeal fails in its entirety.
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