R.v. Milango s/o Misoji, Crim. Rev. 95-M-66; 3/1/67; Platt, J.

R.v. Milango s/o Misoji, Crim. Rev. 95-M-66; 3/1/67; Platt, J.

Accused was convicted on his own plea of defilement of a girl under the age of twelve years. (P. C. s.136(1).) His pleas was as follows: “I did have sexual relations with this girl who is twelve years of age.”

            Held: (1) Accused ’s statement could have meant either that the girl was twelve at the time of the offence, or that she was twelve at time of his trial. The former meaning would raise a defence under sub-section 2 of section 136 of the Penal Code: his reasonable belief that the girl was not under twelve. The plea of guilty was not, therefore, unequivocal. (2) As accused was properly convicted of abduction (P. C. s. 134), and given a concurrent sentence on that charge, no re-trial, was ordered. Conviction of defilement quashed.