discrepancies in their oral testimonies when compared with their
statement at state CID herein, Exhibits C and D PWs 4 and 5 stated
defendant use to put his penis in their vagina and anus, however in
their evidence before the court they added after a year that the
defendant apart from putting his finger in vagina and anus he use to
also put his penis in their vagina and anus and asked them to such his
penis all this is not contained in Exhibits C and D.
Learned counsel submitted further that at paragraph 3:33 PW4 in
Exhibit C stated that she was together with her friend we went to buy
recharge card and we saw the defendant who blocked the road and
invited me inside his room after we reach he removed his and removed
my pant and put his fingers inside my vagina he is doing that at least
ten to fifteen time.”
Learned counsel further submitted that it is clear PW4 never
mentioned that PW5 was asked to sit on a chair, while the defendant is
laying down on 3 seater. Even when the matter was fresh in their
memory 2 weeks from the time of the alleged ------- and now after a
year all this stories are cooked up.
In his submission at paragraph 3:36 – 3:47 of their adopted written
address, the defence counsel submitted that, PW5 never stated in
Exhibit D that she was threatened by the defendant so also PW4 never
mention hat in Exhibit C PW5 never testified before this court or in
Exhibit D that she informed her parents but rather it was PW4 Faiza’s
mother that discovered it and come to tell her parent.
Defence counsel in paragraph 3:38 of their adopted written address
submitted that the law is trite that where a witness gives oral evidence
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