in the compound that confronted the accused and I was part
of them”
The accused person’s son that was alleged to have knocked at
the door on that fateful day, testified as DW3. In his evidence-inchief, he stated that he did not knock at the door and did not go
close to the door as he was playing with his friends.
Under cross-examination, he restated that he told the police that
he did not knock at the door on 9/5/14 as alleged.
It is instructive to state here that the PW1 while adducing
evidence-in-chief stated that one of his finding is that about 3
persons, who are co-tenants of the accused person came to the
police station and made statement confirming the incidence.
However, in the wisdom of the prosecution non of these
statements were tendered as exhibits in this trial. One begins to
wonder why the prosecution is withholding these all important
documents.
On the part of the PW3 (the victim) in her evidence-in-chief she
stated thus:
“In 2014 in the night my step mother went to the market and
my Dad asked my brothers to go to stream and fetch water
and I asked my Dad whether I can follow them he said No.
When my brothers have gone I went back to bed and my
Dad went and shut the door and came down to my bed and
pull my cloth and I asked him what he was doing and he
said nothing and I started crying and he had sex with me that
night”
22
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