<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This is a second appeal from the Judgment of the High Court (Wakiaga, J.) dated 19^th December, 2012 wherein the appellant’s conviction was upheld and sentence confirmed.</p><p><em>Stanley Warui Gacheru, </em>the appellant was charged with the offence of defilement contrary to <em>Section 8(1) and (2) </em>of the <em>Sexual Offence Act </em>and an alternative charge of indecent act with a child contrary to <em>Section 11(1) </em>of the <em>Sexual Offences Act </em>in the Senior Resident Magistrate’s Court at Karatina. The particulars of the offence of defilement were that, on 12^th May, 2007 in Nyeri District within the then Central Province, the appellant did an act of penetration to DN, a girl aged 11 years. The particulars of the alternative charge were that on the above mentioned date and place, the appellant unlawfully and intentionally indecently assaulted DN, a child under the age of 18 years by touching her private parts.</p><p>The appellant pleaded not guilty to both charges. The prosecution called a total of four …</p>