JUDGMENT OF THE COURT
[1] This is a second appeal from the judgment of the High Court (Majanja, J.) wherein the appellant’s conviction and sentence for the offence of rape was confirmed. By dint of Section 361 of the Criminal Procedure Code we are restricted to only consider matters of law in this second appeal. In Chemagong -vs- R, (1984) KLR 213 at page 219 this Court held,
“A second appeal must be confined to points of law and this Court will not interfere with concurrent findings of facts arrived at in the two courts below unless based on no evidence. The test to be applied on second appeal is whether there was any evidence on which the trial court could find as it did.”
[2] It is imperative to briefly set out the essential background facts relating to this matter. The appellant was charged with one count of rape contrary to Section 3(1)(a),(c) and (3) of the Sexual Offences Act and an alternative charge of committing an indecent act with an adult contrary to Section 11A of the Sexua…