Written by Ikwaras Isaac and Brian Chasia
Read 351 Times
A Bungoma Magistrate Court Tuesday sentenced Wycliffe Wanyonyi Nyongesa to twenty years imprisonment for defiling a minor of thirteen years, on 9th April 2011 at Amukura location, Teso South District.
The accused is said to have faced an alternative charge doing an indecent act with a child contrary to Section 11(1) of the Sexual Act No.3 of 2006. It is alleged that if he did not do the act then, he unlawfully and intentionally did it by touching her private parts- vagina and breasts.
It was 9th April when the standard 3 pupil was at home around 7.00PM when her mothers send her to the shop to buy sugar.
On her way back home, the accused chased her, while running, she fell down and the accused picked a stick and beat her on her back before defiling her.
The girl said that she started bleeding and blood stains were all over her uniform that she was wearing.
After reaching home, she informed her parents; Bernard Okusikai, her father and Joyce Okwakao, her mother who rushed her to Amukura Mission Dispensary from where they were referred to Amukura Health Centre and later to Kocholya District Hospital where she was treated.
The incident was reported to Kotul Police Patrol Base where Josiah Ontuga who issued the girl with a P3 form.
Dr. Absalom Adhiambo told the court that he treated the girl for injuries sustained from the defilement.He said the girl had suffered perinea tear measuring 4 by 3 by 2cm, hyperemic labia and a cervical tear. She was profusely bleeding from the vagina. Josiah Ontuga produced blood sustained clothes, P3 form and Age Assessment report as exhibits. The accused pleaded not guilty.
The Magistrate P. Areri, while giving his conviction said after considering the witnesses, exhibits and the girl found the accused guilty and sentenced him to 20 years imprisonment with a 14 day appeal period.
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