PNG V. REPUBLIC

JUDGMENT OF THE COURT

The appellant herein PNG was charged in the Principal Magistrates court at Chuka with the offence of incest contrary to section 20 (1) of the Sexual Offences Act, No. 3 of 2006. The particulars of the offence are that on the 26^th day of March, 2010 in Meru South District within Eastern Province, he had penetration into the genital organs of JG a female person aged eight years and who by relation was his daughter. In the alternative the appellant faced the charge of indecent act with a child contrary to section 11(1) of the Sexual Offences Act No.3 of 2006. The particulars are that on the 26^th March, 2010 in Meru South District within Eastern Province committed an act of indecency with JG a child of eight years by touching her breasts and vagina. The appellant denied both counts prompting a trial in which the prosecution tendered four (4) witnesses to prove its case against the appellant. The appellant who was the sole witness for the defence gave unsworn evidence.…