S K N V. REPUBLIC

JUDGMENT OF THE COURT

The appellant’s appeal to the High Court having been dismissed he now brings this second appeal challenging his conviction and sentence for the offence of rape contrary to section 3(1) (a) of the Sexual Offences Act.

The prosecution relied on the evidence of the complainant, an adult male but with a retarded growth. He testified that on 31^st October, 2009 at 2 a.m. while walking home from a bar he saw the appellant running towards him. The appellant grabbed him, pushed him to the ground and after undressing him raped him.

The complainant’s screams attracted Indoke Naftali, (PW4) who rushed to the scene and found the appellant on top of the complainant. On seeing the witness the appellant disengaged from the act and sat on log as PW4 questioned them as to what they were doing. PW4 then called her daughter to come and witness what was happening but before she could arrive the appellant fled from the scene. PW4 and her daughter helped dress up the complainant. The matt…