Man gets 15 years for defiling an underage schoolgirl
03 March 2015, 18:41
Kwale - A middle-aged-man was on Monday handed 15 years imprisonment for defiling a 17-year-old schoolgirl.
Salim Mwanjama is said to have defiled the minor between May and October 2011 at Golini area in Kwale County.
The accused denied the charge, prompting the prosecution to line up four witnesses testifying against him.
On Monday, Kwale resident magistrate Christine Njagi read the ruling in an open court.
She said the complainant clearly explained to the court that the accused had defiled her and did not mention any other person.
The complainant had told the court that the accused seduced and defiled her severally and that she realized later she was pregnant.
“She told the accused but he did nothing about the pregnancy. They reported the issue to Kwale hospital where ultra sound report was done and P3 form filled and produced as evidence before the court,” read the magistrate.
Njagi said that according to DNA tests, the accused is 99.99 percent biological father of the child.
Earlier, the accused told the court that they had settled the issue outside after paying KES 15 000 to the parents of the complainant.
The court was also informed that the two families had written a letter of understanding to handle the issue at home by slaughtering a sheep through the assistance of a witchdoctor but the letter was not produced before the court.
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The accused urged the court to forgive him because he is a father with a family depending on him and that he was not aware that the girl was a minor when they met.
In her judgment, Njagi said that the evidence showed that there was penetrative act that was done on the minor.
“I am of the opinion that the accused in this case fully participated in the case by cross examining the witness and also his defence. I noted that no injustices were occasioned on the accused and he was fully aware of the case at hand,” she said.
"I do find that the prosecution has proved the case against the accused beyond all reasonable doubts on the main charge of defilement and he is therefore convicted to 15 years imprisonment with no fine and the accused has 14 days to appeal,” ruled Njagi.
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