PATRICK MWAI THUO V. REPUBLIC

JUDGMENT

January 15, 1988, Platt, Gachuhi JJA and Masime Ag JA delivered the following Judgment.

The appellant, a school master, was found to have raped the complainant, one of his pupils. He was convicted of rape c/s 140 of the Penal Code and sentenced to 2 years’ imprisonment. His first appeal was rejected. The appellant appeals to this Court. He has served his sentence but seeks to clear his name.

The offence is alleged to have taken place in a classroom with other pupils outside, some peeping in, at about 4.30 p.m. on 8th November 1985.

According to the complainant the sexual act caused a lot of pain and shame, an act which she had not experienced before. She said that there was blood on her petticoat. This story was apparently not entirely true.

The first point stressed in this Court and the Court below, was that the medical report stated that there was “no medical evidence of rape.” There were no injuries and the complainant was not virgin. There was no blood.

But Mrs. Chana stoutly p…