[ATTACH=full]88865[/ATTACH] A man who sneaked his underage ‘lover’ away from overnight prayers in their church and had sex with her has been acquitted of defilement charges.
The man identified as P K was acquitted both by a Magistrate’s Court and a High Court.
Judge Juma Chitembwe ruled on Friday that the prosecution did not adduce enough evidence to prove its case.
Chitembwe said the 17-year-old girl was not lured and she knew what she was doing when she had sex.
“She was behaving just like an adult. After having sex she went back to the church,” he said.
He added: “I do find that PW1 (the alleged victim) took herself like a mature girl. She went to church for overnight prayers with her sisters and aunties but sneaked out to have sex with the respondent (P K).
“The circumstances of the case show that the respondent might have believed that the girl was over 18 years.”
The incident took place on December 31, 2011.
Iwe funzo, two years ago a Kilifo court made a similar ruling. If an inderage girl behaves like an adult and enjoys sex then by all means it cannot be ruled as defilement.
The only reason the court ruled in that guy’s favour is because he proved he believed she was older than 18 years, if the prosecution had proof that the defendant knew she was a minor angerushwa kamiti miaka kama 15.
in this case the complainant is the relatives and the state. the matter was not to come in the open if the girl had not gotten pregnant and she even went to the forest for some more…
Rem nikiwa campo kuna mse alikuwa anashipment yake kutoka braeburn …I din’t even realise that shit hadi like end semester. Plus hata Mimi nishawahi pita na kitu underage ina way she claims 17 but fb and mse mwingine wakadai ako 15.Was 20 but still it was weird sadly it was wasn’t one time incident.Nishablander hivi in Norway,Portugal and France …their girls walikuwa wanaka kama wako 19 how was I supposed to know.:( Vitu vilikuwa safi moja akinishow life ya hard emo rock …others were just in it for the dick…
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