ZAKAYO OLUKUWE SIKUKU V. REPUBLIC

JUDGMENT OF THE COURT

[1] This is a second appeal against the judgment of the High Court dismissing the appellant’s appeal against conviction for defilement of a child and sentence of twenty years imprisonment.

[2] The charge was based on section 8(1) as read with section 8(3) of the Sexual Offences Act. The particulars of the offence alleged that on 12^th July 2009, the appellant defiled the named complainant, a child aged 14 years. The complainant’s evidence at the trial was briefly as hereunder.

On 12^th July, 2009 at 7.00 p.m. the complainant went to the village shop of the appellant to purchase sugar. She found the appellant alone in the shop. She asked for sugar but the appellant pulled her to an inner room where he made her to lie on bags of maize, wore a condom and defiled her. She bled from her private parts but the appellant dressed her with Elastoplast. Thereafter the appellant chased her away saying that his wife would find the complainant. The complainant went home and reporte…