Juvenile to serve non-custodial sentence

Oct 16, 2023 - 16:39

Photo/Courtesy.

Loitoktok,

Monday, October 16, 2023

KNA by Kimani Tirus/Leshan Bryce

A 17-year-old juvenile charged with attempting to defile a four-year-old minor has been committed to a three-year non-custodial sentence.

The accused who appeared before Principal Magistrate Ms. Judicaster Nthuku was charged with attempted defilement of the minor at Entarara market, Loitoktok Sub County on March 31 this year.

According to the minors mother Ms. Evelyn Ndunge, on the material day at around 2.00pm the minor’s sister rushed into the house saying her sister is being defiled at their bathroom.

Ndunge rushed out towards the bathroom only to find the accused running away. The minor's sister told the court that she saw the accused call the complainant and lead her to the bathroom.

She said she followed them and saw the accused lowering his trouser and undressed the complainant and attempt to defile her; however, when he saw the witness he dressed up and walked out and started running away.

The complainant told the court that the accused removed her inner wear and defiled her.

The girl was taken to a local hospital at Entarara for medical examination before the matter was reported at Entarara police post.

The accused went into hiding for two days and was later arrested after resurfacing and was charged with the offence before being arraigned in court where he pleaded not guilty.

Medical report indicated there was no evidence of defilement and the case may be attempted defilement.

In his defense, the accused said he found the girl struggling to remove her inner wear for a long call and decided to help and in the process her sister saw her and he ran away.

However, the court found prosecution had proved the case beyond reasonable doubt hence the conviction.

The Probation report recommended that the accused who is a day scholar be given a non-custodial sentence to allow him be guided on sexual behavior as well he continue with education.

The accused has 14 days to appeal against the sentence.

Courtesy; KNA