A middle-aged man who was accused of defiling and sodomizing an underage girl in Embu has been acquitted.
John Nyaga, a resident of Githiga village in Embu North walked out of Embu law courts a free man after Senior Resident Magistrate Tony Kwambai ruled that he had no case to answer.
Nyaga was accused of committing the act on November 12, 2017.
However, the magistrate while delivering the ruling said that the doctor’s report indicated that the minor had sexual intercourse two times between November 12 and 15 but with two different people.
“After a medical assessment it was evident that the girl had sexual intercourse but this was not her first time because she was not a virgin as her hymen was already broken,” Kwambai said as he referred to the medical report.
According to the magistrate, the report from doctors also showed that there was no anal penetration with the victim as the complainant had indicated.
The complainant was given 14 days to appeal if he was not satisfied by the judgement.
