Paskari Joseph v. R., Crim. App. 582-M-68, 30/10/68, Bramble J.

Paskari Joseph v. R., Crim. App. 582-M-68, 30/10/68, Bramble J.

The appellant was convicted of attempted rape c/s 132 and 381 of the Penal Code and was sentenced to 18 months imprisonment. He has appealed on the ground that the decision is unreasonable having regard to the evidence.

Held: “The only question for consideration is whether the facts proved constitute an attempt to rape. They were that the appellant pushed the complainant and she fell on the grass near the path; he held her right hand and pulled her two Khangas and she was only left wearing her kitenge; he tried to pull out her kitenge and in doing so pulled her legs apart; he then stood up an started to unbutton his trousers when the complainant escape and raised an alarm; she thought he wanted to kill her and she was resisting. These facts are not too dissimilar from the case of Adm. Mulera v. Regina (XX E.A.C.A. 223) quoted in the judgment and I hold that they should be considered as a mere preparation and cannot support a conviction for attempted rape. In the result I substitute a conviction for indecent assault leaving the term of imprisonment as eighteen moths.”