JUDGMENT OF THE COURT
The appellant in this second appeal, Bernard Omari Kegwano, was arraigned before Senior Resident Magistrate’s Court at Nyamira with the offence of Defilement of a girl contrary to Section 145(1) of the Penal Code. The particulars of the offence read as follows:-
“On the 10th June, 2005 at M sub-location in Nyamira District within Nyanza Province, unlawfully had carnal knowledge of SG, a girl under the age of sixteen years.”
In the alternative, he was charged with the offence of indecent assault on female contrary to Section 144(1) of the Penal Code, the particulars of which were that:-
“On the 10th June, 2005 at M sub-location in Nyamira District within Nyanza Province, unlawfully and indecently assaulted SG, by touching her private parts.”
He pleaded not guilty to the main charge and to the alternative charge, but after full hearing, the learned Senior Resident Magistrate, in a judgment dated and delivered on the 3rd day of November, 2005 found him guilty of the main…