Three witnesses gave evidence in defense and the first to give evidence was the appellant. It was his evidence that he has two wives. The second wife lives in Area 47 and the first one in Mtandile where he also has his business. He testified, among other things, that on the night in question he was home until 8.00 pm when he decided to go see a film show and he was there until 9.05 pm when he decided to return home and on his way to his house he bid goodnight to PW2 who was with PW1 and another child called Steady. He went via a market to phone his wife and as he got to his house he found Steady waiting for him with a message that PW2 needed help with unblocking his phone. He was with PW2 for about 20 minutes until his phone was unblocked and both Martha and Steady were there with him and PW2. After appellant left but before he got to his home he was called back to PW2’s house where PW2 questioned him about the issue of defiling PW1 – he immediately challenged PW2 about this and asked to confront PW4 but PW2 said things would be sorted out in the morning. However, about 1.00 am he was visited by police and the Village Headman and he was arrested. Police advised that PW1 should not take a bath and that the following day she should be taken to hospital for medical examination. To his surprise the girl was only taken on the 17th after Police had queried PW2 for not taking PW1 to hospital. At Police he denied the charge. He explained that many times PW2 used to leave his four children with appellant and at times without adequate food and appellant used to provide for them. This 6