A court in Mumias has freed a man accused of defiling a minor, and even siring with her a child.
This is despite the fact that the DNA tests done on the suspect and the victim's child were 99.99% match showing that the suspect was the biological father of the victim's child.
However, Chief Magistrate Odera poked various pokes holes in the evidence provided in court which did not add up hence freeing the accused.
According to the evidence provided in court, the young girl had carried the pregnancy for 11 months which is not normal for human beings as human being carry a pregnancy for only 9 months.
“Although the DNA report implicates the accused – indicating he is the biological father of the minor's child – it is trite law that expert reports are opinions which the courts must evaluate, and evidence supporting them produced,” said Magistrate Odera as quoted by the Standard.
“The report that the minor was defiled on November 25, 2018 and she gave birth on October 1, 2019 does not add up, given a human being’s normal gestation period lasts nine months," added the Magistrate as quoted by the Standard.
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