2 The case of the prosecution is that on or about the 4th day of January 2011, the prosecutrix was sent on an errand but only returned the following morning. It later turned out that the prosecutrix stayed the night with the accused in his residence. The prosecutrix is said to have suffered from mental retardation at birth and is believed to have been forcefully taken by the accused to his residence where she is said to have been sexually assaulted by the accused. The residence of the accused and the prosecutrix is separated by a common fence. The matter was reported to the police and the accused was arrested at Tanji where he regularly works and statements recorded from him. These statements are in evidence as exhibits “A – B2”. The victim was taken to the hospital where she was medically examined and a medical report – exhibit “C” issued to that effect. In his defence, the accused described the prosecutrix as his girl friend. He admitted staying the night with the prosecutrix in his room but that it was at the insistence of the prosecutrix. He denied the act of sexual intercourse but admits kissing the prosecutrix the normal way. The prosecutrix is a regular visitor to the accused. These are the brief facts of this case. I must now proceed to determine the guilt or otherwise of the accused person. From the wordings of Sections 121 and 233 of the Criminal Code, it seems to me that, in order to secure a conviction under these sections of the law the prosecution must first establish the following essential elements of the offence: