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Western
A man convicted of defiling a seven-year-old girl will spend the rest of his life in jail after he lost an appeal seeking to have the sentence reduced

A man convicted of defiling a seven-year-old girl will spend the rest of his life in jail after he lost an appeal seeking to have the sentence reduced.

High Court judge William Musyoka in his judgement, said the appeal filed by Emmanuel Japala Eliakim challenging the conviction, did not raise serious grounds to warrant the sentence being reduced or set aside.

Eliakim was convicted by the then Butere Principal Magistrate Maureen Shimenga for defiling a Standard Two pupil on February 8, 2016 at Wambelishe Village, Khwisero Sub-county.

He was also found guilty of committing indecent acts with a child.

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The trial court was told that the minor, who was living with her grandmother, had gone to a neighbour's house when she found the accused milking the cows.

He is said to have lured the complainant with sugarcane and locked her in his hut before defiling her.

Matter reported

After the ordeal, the girl told her grandmother who took her to Khwisero District Hospital where it was confirmed the minor had been defiled and the matter reported to police.

Justice Musyoka dismissed allegations of bad blood and grudge between the appellant and the family of the complainant.

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The accused 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 case.

Justice Musyoka, however, said the testimony of the other witnesses was sufficient to warrant conviction.

The convict was granted 14 days to lodge an appeal at the Court of Appeal.  


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