3 Under Section 121 of the Criminal Code; (a) there was carnal knowledge of a girl, (b) the act was unlawful, (c) the act was without the consent of the victim, and (d) the act was that of the accused person. Under section 233 of the criminal code; (a) a person was induced by deceitful means, (b) the person was taken away or detained, (c) the person did not give consent, (d) the act was that of the accused person. I will now proceed to deal with these two counts starting with Count II. Apart from stating in Count II that the prosecutrix was induced deceitfully, there is no other piece of evidence supporting this allegation. In her testimony before this Court the prosecutrix who testified as PW3 stated of the incident thus “…on the 4-01-2011 my mother sent me to look for lemon when I met the accused who called me but I refused, telling him that I was sent by my mother …The accused took me to his house and lay me on the bed…” There is no other piece of evidence from the prosecutrix to shed light on how she was induced or deceived by the accused person. The prosecution has therefore failed to establish this element of the offence and this I must hold as a fact.