03 April 2012, 17:18
A man who defiled and impregnated a 15 year old girl was released on Tuesday by a Thika court after the complainant failed to appear in court.
Thika Principal Magistrate Benjamin Ndenda acquitted 23 year old Boniface Mutua on the grounds that the complainant has gone missing thus the case cannot continue.
Prosecuting Chief Inspector Kenneth Kiruai informed the court that the 15 year old pregnant girl has been missing for the last six months following a visit to her auntie's home who lives in Gilgil town in Rift valley Province. He told the court that attempts to trace her has been futile as it’s said that she never reached her destination and her whereabouts has been unknown ever since.
The accused had been charged that on 11th July last year at Murera village in Thika District of Kiambu County, he waylaid the 15 year old standard 8 pupil as she went to the shops to buy milk and dragged her into his house where he defiled her severally before releasing her with a warning of dire consequences if she ever revealed the matter to anybody.
The girl who lived with her aunty went back to their house and did not inform anybody about the incident until 3 months later when she realized that she was pregnant. She broke the news to her class teacher who made a report to the Ruiru police station who immediately arrested the accused person.
The complainant however is said to have made a trip to Gilgil and her whereabouts is unknown. The magistrate ruled that the case could not continue with the absence of the complaint and ordered for the immediate release of the accused person.
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