Sex pest put away for life for defiling seven-year-old girl
SEE ALSO :Man loses appeal in defilement sentenceJustice Musyoka dismissed allegations of bad blood and grudge between the appellant and the family of the complainant. Japala had also contended that the life penalty imposed on him was harsh and excessive adding that he was convicted on suspicions, fictitious and inconsistent evidence. The appellant further submitted that the prosecution did not seek his consent in obtaining DNA samples from him to build the prosecution case. Further, the samples, he insisted, were extracted by an officer below the rank of an Inspector of Police which contravenes Section 36(5) of the Sexual Offence Act making the results inadmissible as evidence. Justice Musyoka observed that, though the DNA results were indeed inadmissible as prosecution evidence on grounds that an officer below the rank of an inspector extracted the samples.
SEE ALSO :Teacher in pupil rape case walks freeHowever, he said the testimony of the other witnesses was sufficient to warrant a conviction. The Judge noted that the accused was positively identified by the complainant since he was a shamba-boy attached to the victim’s neighbour making it a case of recognition other than that of identification. He added that the allegation of fabrication of the case due to bad blood between the complainant’s family and the appellant was farfetched saying there existed a cordial relationship between the two. “All elements of defilement were confirmed. The prosecution build on their case to the required standards of proof. From the record, there was no bad blood between the appellant and the victim, the appellants’ allegations of fabrication cannot stand,” said Justice Musyoka. He maintained that the life sentence imposed was lawful as it is the minimum penalty prescribed by the Act for defilement against a minor below 11 years.
SEE ALSO :Class one girl defiled in Samburu“The trial court could not have granted a lesser sentence than the one prescribed by the law. Appeal on both the conviction and sentence must fail, the same are upheld,” Justice Musyoka ruled. He granted the Japala 14 days to lodge an appeal at the Court of Appeal.