The prosecution was placed with the burden of proving all the ingredients of the offence against the accused. It thus had to prove that the victim was below 14 years of age, that a sexual act was performed on the victim, that it was the accused who performed it.

In proof of the victim’s age, a copy of her birth certificate was produced in court, and she also testified that she was 12 years at the time the offence was committed.

On proof of a sexual act, the mother’s and victim’s testimony that the accused was caught on top of the victim. This was further corroborated by the medical evidence of an abnormal bleeding from the victim’s vagina and rapture of the hymen.

Considering the last issue of whether it was the accused that performed the act, the victim and her mother testified that when the mother flashed a torch, they saw the accused on top of the victim having sexual intercourse.