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The prosecution’s case is that on or about the 14/02/2012, as the
prosecutrix went to throw some rubbish at the dumpsite, she was seized by
two boys who sexually assaulted her. The prosecutrix was medically
examined and a medical report exhibit “C” – was issued. During the
investigations the police were able to trace the accused through one
TutiCeesay who described the accused by reference to his alias – Zigla; as
one of the two boys who raped the prosecutrix. The prosecutrix also
identified the accused both at the police station and before this court as one
of those who raped her. Statements were recorded from the accused by the
police and these statements are in evidence as exhibits A and B.
During the trial the issue of the mental fitness of the accused was raised
consequent upon which he was subjected to a psychiatric examination at
the RVTH. The medical result is in evidence as exhibit “D”.
I now turn to the substance of the matter before me. The law on rape
requires the prosecution to establish beyond reasonable doubt that (a) there
was carnal knowledge of the prosecutrix; (b) that the act was that of the
accused person; and (c) that the prosecutrix did not give her consent.
The prosecutrix has alleged in her testimony that the accused was one of
the boys that seized and ravished her. After warning myself of the need to
deal with evidence of the prosecutrix; a child of six (6) years with caution, I
am however satisfied from the totality of her evidence that she understood
why she was in court, understood the need to tell the truth and positively
identified the accused as one of the boys that ravished her.