A man who defiled a 12 year old orphan was today sentenced to a 20 year jail term by a Nakuru court.
Simon Ndung’u who had denied committing the offence was sentenced by Justice Judicaster Nthuku who dismissed his plea of innocence claiming he had been set up by the child’s grandmother.
Justice Nthuku noted that the prosecution had proved beyond reasonable doubt that he committed the offence and hence the long sentence as provided for by the law.
The court heard that the accused had lured the young girl to his house and defiled her, warning her not to tell anyone.
The court heard that the accused had committed the offence severally before the child’s grandmother found out.
According to details availed in court, the suspect was charged with defiling the minor on June 3, 2015 at Songoloi village in Gilgil.
In her evidence, the child’s grandmother told the court that she arrived home on the material day and when she called her out, she emerged from the accused’s house.
She told the court that she sought to find out what the child was doing in the house upon which the child spilled the beans on what had been happening.
The girl who lost her mother in 2014 was then taken to a medical facility by her grandmother where it was confirmed that she had been defiled.
In his defense, the accused told the court that the grandmother was implicating him due to grudges existing between them which was rejected by the court.
The fact that he only raised this reasons in his defense means, that it was simply an afterthought. It is even on record that the grandmother stated that she had no grudges between herself and the accused.
Moreover, the accused failed to bring these issues up during the cross examination with the grandmother, ruled Justice Nthuku.
The court noted that the evidence adduced in court had left no doubt that the accused had committed the offence.
The court further ruled that the medical evidence provided in court had confirmed that indeed defilement had taken place.
The accused was charged with intentionally and unlawfully defiling a 12 year old girl on diverse dates between April and June 3, 2015.
He had denied committing the offence.
The accused pleaded with the court for leniency saying he was the sole breadwinner for his family and that his wife was expectant and could not be able to take care of the family.
In passing the judgment, Justice Nthuku reprimanded the accused for taking advantage of the vulnerable girl and thereby sexually assaulting her and subjecting her to serious psychological torture that she may never recover fully from.
In order to deter others with similar motives, the court sentenced the accused to a 20 year jail term.
The accused was also given the right to appeal the sentence in the next 14 days.
Source: Kenya News Agency