The Appellant, was charged with and convicted of raping
Irene Adriano, a very small child of 3 years of age; he was sentenced to life
imprisonment. His appeal to the High Court was dismissed in its entirety. Still
aggrieved, the Appellant in protesting his innocence filed an appeal before
this court challenging that there was no sufficient evidence to base his
conviction. He argued that rape could not stand as there were no traces of spermatozoa
found in the vagina of the complainant when she was medically examined.