Man, 27, acquitted of defiling eight-year-old girl as prosecution fails to prove case


A 27-YEAR-OLD man of Livingstone’s Libuyu has walked to freedom after being acquitted of defiling an eight-year-old girl by the Livingstone Magistrate’s Court.
Magistrate Andrew Kasongo last Friday set free Nelson Nyirenda of house number C122, after a five-year trial because the state had failed to prove the case of defilement against him.

Delivering judgment, Mr Kasongo said the prosecution had failed to prove the case against Nyirenda beyond reasonable doubt.
“The state has failed to prove that the hymen was broken as the evidence showed that the hymen was intact and there was no proof of penetration by the accused person. If there was penetration, the hymen would not have remained intact.
“I find you not guilty of the charge. You are free to go home,” Mr Kasongo said.
Nyirenda was arrested on the January 18, 2008 in Libuyu and has been attending court since then.
It was alleged that Nyirenda on January 18, 2008 in Livingstone, had unlawful carnal knowledge of a girl under the age of 16.
And in another case before the same court, a man of Livingstone’s Maramba was sentenced to nine months imprisonment with hard labour for theft.
Mr Kasongo, however, suspended the sentence imposed on Arthur Waluka for two years provided he does not commit a similar offence within that period.
Waluka of house number 125, pleaded guilty to theft.
Particulars of the offence are that Waluka on April 13 this year in Livingstone, stole a Samsung cellphone, a pair of sneakers and two wrist watches worth K490 from Panji Lupiya.

Daily Mail