A 21-year-old shop attendant was Wednesday sentenced to 20 years imprisonment by a Narok court after he was found guilty of raping the employer’s 19 year old mentally retarded daughter.
Simon Njuguna appeared before the Narok Senior Resident Magistrate Mr. Allan Temba Sitati charged with raping the girl on August 21st, 2015, at Nairegia- Enkare area in Narok North Sub-County.
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, the accused was sent by his employer, who is the mother to the complainant, to check on the whereabouts of the complainant.
The court was told when the accused took too long to come back, the employer sent another employee after him. The second employee arrived just in time to find the complainant leaving the accused person’s house, looking distressed with bloodstained clothes and bleeding from her private parts. The employee also saw the accused peeping through the door of his house as the girl was leaving. He reported the incident to their employer.
In his judgment Mr. 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 verbally, she could demonstrate to the court how the incident happened and also identified the accused as the perpetrator of the heinous act.
It is also worth noting that the complainant was seen leaving the accuseds house as Njuguna 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 complainants mental state and her inability to resist raping 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 accuseds defense to the effect that he was framed up by the womans 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.
Source: News Agency