A court in Maralal has set free a primary school teacher charged with defiling and impregnating a 12-year old girl due to lack of sufficient evidence.
Senior Resident Magistrate Abraham Gachie ruled that prosecution failed to prove the charges of defilement and indecent assault it brought against Dominic Bosire.
In his ruling, Mr. Gachie observed that what could have cleared the doubt was if a DNA test was done on the child born of the minor and the accused person.
“The prosecution never availed the DNA results and the accused person stated that he was never subjected to a DNA examination,” the magistrate explained.
Bosire had denied that on diverse dates between April28, 2017 and October22, 2017 he defiled the minor. The girl got pregnant.
Gachie further said that the minor’s evidence contradicted that of clinical officer who examined her at Samburu county referral hospital.
“Further doubts were created by the PW1’s evidence that defilement took place on 5th day after they opened the schools on August28, 2017 and again four days later. That is on September2, 2017 and September6, 2017. This evidence was contradicted by the clinical officer who gave evidence that conception took place within the month of August 2017,”
The magistrate said that the prosecution failed to prove the complainant’s age with documentary evidence in court.
“PW1 gave evidence that she was 12 years old. However, no conclusive evidence was tendered to prove her age, the birth certificate was not produced as an exhibit. From the evidence on record the age of the minor is not clear,” he explained.
“The accused person is therefore not guilty as charged and I hereby acquit him as charged in the main count and the alternative count here in pursuant to the provisions of section 215 of the criminal procedure cord,” he said.
