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Court releases man after girl, 12 insists he was her boyfriend

By Kelvin Karani | Published Wed, May 16th 2018 at 19:15, Updated May 16th 2018 at 19:28 GMT +3
Ali Ismail Chaka at the Mombasa court on Wednesday 16th May 2018. He had been accused of raping a 12-year-old girl in 2016.

A court has acquitted a man charged with defiling a 12-year-old girl, saying that the victim failed to identify the accused as the one who assaulted her.

The girl said the accused, Ali Ismail Chaka, was her boyfriend and had asked her to visit him, but did not state whether they had intercourse.

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The accused denied that he was the girl's boyfriend and claimed that she was his friend's girlfriend. He also denied the charge that he defiled the minor.

Chaka was charged in November 2016 with defiling the girl at Mshomoroni. 

Ruled that

Senior Resident Magistrate Edga Kagoni ruled on Wednesday that the prosecution had failed to prove its case beyond reasonable doubt, as required by the law. 

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“The complainant refused to tell the court whether she was defiled by the accused or any other person despite being brought in court three times to testify,” stated Mr Kagoni. 

The accused told the court that the mother of the complainant knew about her daughter’s affair with his friend.

According to a medical report, the complainant had a broken hymen with an old scar and had discharge in her private parts. 

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