Facts
This is an appeal originating from a conviction of defilement of a girl under the age of 14 years contrary to section 136(1) of the Penal Code. The entire proceedings give the impression that the Magistrate proceeded on the assumption that the charge was one of rape contrary to sections 130 and 131 of the Penal Code.
Held: (i) The trial was a confused exercise, and cannot sustain the conviction entered.
(ii) rape and defilement are two entirely different offences, each one having its own ingredients requiring proof.
(iii)while in rape consent, or lack of it must be proved, to make it rape or not, in defilement it is immaterial whether the girl consented or not. In defilement there must be proof of age.
Case Information
Conviction quashed
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