JUDGMENT
The respondent, Francis Otieno Oyier, was charged with and convicted of rape on count 1 and assault causing actual bodily harm on count 2 contrary to sections 140 and 251 respectively of the Penal Code (cap 63) and sentenced to 7 years’ imprisonment plus strokes of corporal punishment and 3 years’ imprisonment on the first and second counts respectively. His first appeal against the conviction and sentence was allowed by the High Court (Schofield J). This second appeal brought by the Republic is based on the following four grounds:
The learned judge erred in law in allowing the appeal after finding corroboration in the appellant’s own evidence and in the bruises sustained by the complainant.
The learned judge erred in law in allowing the appeal after finding that the learned magistrate had properly addressed his mind to all the correct legal principles.
The learned judge erred in law in speculating on the reasons as to why the complainant didn’t report the rape to the matron, whe…