Court acquits man accused of attempted defilement
14 April 2016, 15:44
Nyeri - A Nyeri court has acquitted a middle-aged man who allegedly attempted to defile a 7-year-old girl at Kiganjo village in Nyeri central sub-county.
Moses Gachanja allegedly committed the offence on August 20, 2012.
He was alternatively charged with having an indecent act with a minor.
While setting him free, Senior Resident Magistrate Christine Wekesa faulted the prosecution saying the elements in the charges were not proven.
She said doctor’s report said the girl had no physical injuries and her private parts were intact.
She said the complainant gave different particulars of the offence citing that first she said it happened during August school holidays and later said it was in December holidays.
“She admitted that she had lied initially. Evidence is supposed to be cognate because no one else witnessed the said incident apart from herself. Evidence is supposed to be tested with great care. The evidence was converted and failed test,” said the court.
The court added that the standard of proof required for conviction was not achieved.
The girl had alleged that she was at home playing with other children on the fateful day when she was called by the accused person.
He took her into his house, kissed her, slept on top of her at the sofa-set and touched her breasts, the court heard.
The minor added that she started crying but the accused avoided her from raising alarm by closing her mouth with his hand.
She told the court that she later fled to her mother’s house.
Her father went to the police station where a P3 form was issued and the minor was taken to hospital.
The accused denied the charges all through during the trial and called no witness as he gave his sworn testimony.
While passing the judgement, the court stated that the prosecution had the opportunity to amend the charges before the close of the case, adding that the elements in the main and alternative charges are different from those that were established at the trial.
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