N.M.A V. REPUBLIC

JUDGMENT OF THE COURT

1. N M A alias M W (the appellant) was upon trial for the offence of defilement contrary to Section 8(2) of the Sexual Offences Act convicted and sentenced to life imprisonment. This is a second appeal against that conviction and sentence, the appellant’s first appeal having been dismissed by the High Court.

2. The brief facts of the case were that the appellant is a step-brother of the complainant. At the material time the complainant was eight (8) years old. On the material date the complainant went with her elder sister, PW2, to the family farm to harvest potatoes. Shortly thereafter the appellant joined them and offered to assist the complainant to harvest potatoes and persuaded PW2 to go back home and attend to other household chores. After PW2 had gone away, the appellant took the complainant to his house and defiled her. When the complainant delayed in returning home, PW2 went out looking for her and found her with the appellant in the appellant’s house. She…