Ajabu Africa News

PHOTO:

Judge Justice Juma Chitembwe. /FILE-THE STAR

By:

JILLO KADIDA

Posted:

Mar,21-2017 11:26:41

A man who sneaked his underage 'lover' away from overnight prayers in their church and had sex with her has been acquitted of defilement charges.

The man identified as P K was acquitted both by a Magistrate's Court and a High Court.

Judge Juma Chitembwe ruled on Friday that the prosecution did not adduce enough evidence to prove its case.

Chitembwe said the 17-year-old girl was not lured and she knew what she was doing when she had sex.

"She was behaving just like an adult. After having sex she went back to the church," he said.

He added: "I do find that PW1 (the alleged victim) took herself like a mature girl. She went to church for overnight prayers with her sisters and aunties but sneaked out to have sex with the respondent (P K).

"The circumstances of the case show that the respondent might have believed that the girl was over 18 years."

The incident took place on December 31, 2011. The girl is said to have left home with her sisters and aunt at 8pm to attend a prayer service at the church to usher in the New Year.

As her sisters and aunt went in to pray, the girl waited outside the church where she met with her lover. They took a motorbike to a club.

Afterwards they went "somewhere" and had sex and returned to the church.

The court heard that five months later, she met the man again. They talked and went into the forest and had sex.

She later realised she was pregnant and the matter was reported to police. P K was charged with defilement but was acquitted by a trial court on grounds that penetration was not proven. The doctor also did not testify.

The prosecution appealed the decision but the man got lucky the second time as Judge Chitembwe declined to lock him up saying the girl had consensual sex.

The judge noted that the accused person had a relationship with the girl and met on some occasions to have sex.

He also noted that the meetings between the two were pre-arranged and at no time was the lady lured.

Source:

The Star