A boda boda rider accused of defiling a 14 year old girl was on Monday acquitted by a Nakuru Court after the prosecution failed to prove the case beyond reasonable doubt.
George Ochieng Odour was accused of defiling the minor on May 26, 2013 at Rhonda Estate in Nakuru County.
He however denied the charges before Resident Magistrate Judicaster Nthuku and the case proceeded for hearing.
On October 9, 2013 in her testimony before court the minor said that the accused called her into his house and defiled her, contrary to the statement that she had recorded at the police claiming that the accused person met her and pulled into a maize field where he defiled her.
According to the minor's statements, she was defiled by a stranger who called her into his house and defiled her. She later run to a neighbour, who raised an alarm upon realising that she was bleeding.
In her judgement, Judicaster Nthuku said that the court could not determine whether the accused was guilty of the charges due to lack of adequate evidence.
A medical report on the minor revealed that she was between 13 and 14 years old.
The doctor who examined the minor testified before the court and said she did not have any broken hymen.
He also told the court that the girl told him that they have had consensual sexual intercourse with the accused on several occasions.
Nthuku said that on October 9, the minor had told the court that she was defiled by a total stranger and she was told by a certain advocate whom she did not know to lie to the court.
The magistrate said that the minor told a different version of the story to the doctor, rendering defilement claims less credible.
Nthuku said that the prosecution failed to cross examine evidence given to the police and what the minor testified to the court.
The court acquitted Ochieng under section 215 of criminal procedure code.