Man freed from rape conviction expresses joy

Man sentenced to 14 years in jail freed on account of insufficient evidence. [Photo: Courtesy]

A man successfully appealed against a 14-year jail sentence for attempted rape and sexual assault.

Bernard Muganda Opiyo had been found guilty of sexually assaulting a 19-year-old student in January 22 2015.

In his appeal, Opiyo told Judge Jesse Njagi that the five witnesses called by the prosecution gave conflicting evidence.

He further poked holes in the charge sheet, which he described as defective. Opiyo told the court that he was initially charged with the offence of attempted rape, which was later substituted with actual rape under unclear circumstances.

In his judgement, Justice Njagi observed that the complainant was not consistent in her evidence. He further faulted the investigating officer for preferring rape charges when the complainant had reported attempted rape.

The court ruled that the charges were not proved beyond reasonable doubt.