<p class="ql-align-center">JUDGMENT</p><p class="ql-align-center"><em>(Appeal from a judgment of the High Court at Nakuru, Tunoi Ag J)</em></p><p class="ql-align-justify">October 18, 1988, Nyarangi, Gachuhi JJA and Masime Ag JA delivered the following Judgment.</p><p class="ql-align-justify">The appellant was charged and convicted of the offence of attempted rape contrary to section 141 of the Penal Code. He was sentenced to 21/2 years’ imprisonment with hard labour and to receive 2 strokes of the cane.</p><p class="ql-align-justify">His appeal to the High Court (Tunoi Ag J) was dismissed. He now appeals to this court on four grounds that the High Court erred in that:</p><p class="ql-align-justify">1.The learned judge erred in law in holding that the charge against the appellant had been proved beyond reasonable doubt.</p><p class="ql-align-justify">2.That the learned judge erred in law in holding that necessary testimony had been obtained.</p><p class="ql-align-justify">3.The learned judge erred in law in failing to sufficiently consider the appellant’s defence or at all.</p><p class="ql-align-justify">4.That the learned judge erred in law in deciding against the weight of the evidence.</p><p class="ql-align-justify">The facts of the case are that the complainant L W K , a medical nurse employed by <em>(…</em></p>