Man jailed for 20 years for raping an imbecile in Narok
11 March 2016, 14:22
Narok - A 21-year-old shop attendant has been sentenced to serve 20 years in prison by a Narok court after he was found guilty of defiling a 19 -year -old imbecile daughter of his employer.
Simon Njuguna had appeared before Narok Senior Resident Magistrate Mr. Allan Temba Sitati charged with raping the woman on August 21st, last year at Nairegia Enkare area in Narok North Sub-County.
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He also faced an alternative charge of indecent assault on the complainant. The accused denied the charges.
During the trial the court was told that on the material day of the incident, the accused was with his employer who is the mother of the complainant in the shop, when the mother sent him to check on the whereabouts of the daughter who is mentally retarded.
The court was told when the accused took long to come back, the employer sent another employee after him, it’s this other employee who arrived just in time to find the complainant leaving the house of the accused, looking distressed with bloodstained clothes and bleeding from her private parts and reported this to their employer who is the mother of the girl. The employee also saw the accused peeping from his door of his house as the girl was leaving.
In his judgment Sitati said the prosecution had proved their case beyond reasonable doubt and the accused was well known to the complainant.
He said the facts of the case were well-corroborated and did not leave any loose ends in the case.
“Despite the fact that the woman could not express herself clearly, she could demonstrate to the court how the incident happened and also identified the accused as the perpetrator of the heinous act.
It’s also worth noting that the complainant was seen leaving the accused`s house as the accused was peeping through the door,”
In mitigation, the accused pleaded for leniency saying he was young, a first offender and the only child of his mother and the sole breadwinner of the family.
Sitati said he noted the mitigation but observed that the accused had taken advantage of the complainant`s mental state and her inability to resist to rape her.
“The evidence of the woman was well corroborated by other witnesses like the doctor and the employee who saw her leave Njuguna` s house,” the magistrate said.
Sitati said the accused`s defense to the effect that he was framed up by the woman`s mother was just an afterthought and mere denial and did not punch holes into the prosecution case.
The magistrate reminded the accused of his right of appeal in 14 days.
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