father. I told my father what the accused Musa Natsaha did to me in his shop. So
my father reported the matter to the police. The police examined me and saw
what happened to me. So I was taken to hospital by the police. At the hospital I
was examined by a doctor and I was cleaned up and treated."
Under cross examination PW1 at page 14 of the record stated thus:"The accused laid on top of me and put either his finger or penis. I don't know the
difference between his fingers and his penis."
Being re-examined, PW1 testified as follows:"He inserted his penis into my vagina not his finger."
On the foregoing evidence, the trial Court proceeded at pages 75-76 of the record
as follows:"The purpose of re-examination is for the witness to clear any ambiguity that
might have arisen during cross-examination,
......... However in spite of the tender years of PW1 (which was 7 years) at the
time of her testimony, PW1 was sharp, alert, intelligent and answers all the
questions put to her by the defence Counsel rationally and inspite of the rigorous
cross examination and attempt to confuse her by the defence, her evidence was
direct, credible and of probative value. PW1 was categorical that the accused
inserted his penis into her vagina and she felt pains therefore she cried all the way
to her house."
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