The Appellant was arraigned and convicted of rape, contrary to section 130 and 131 of the Penal Code, Chapter 16 of the laws. The particulars on the charge sheet alleged that on the 26th day of March, 1999, at Mabogini Village, the Appellant had carnal knowledge of Shakila Ayubu, who was then aged 4 years. Upon conviction, the Appellant was sentenced to life imprisonment with corporal punishment of ten strokes. His appeal to the High Court was dismissed hence institution of the second appeal.