A man who was earlier accused of dragging a girl, a minor, from a night church service, may have influenced the witnesses, or even the girl, leading to the drop of charges against his rape accusations.
New details emerge on rape case involving a minor who was dragged from a church kesha
The two are said to have sneaked from the church, hid in a club and had serial sex intercourses.
Earlier, it was alleged that the man, only identified as PK actually had sex with the minor on the fateful night. The turn of events, cleansing the accused of the offense has left many questions without answers after eight years of awaiting justice.
P K’s charges earlier leveled against him have been dropped after a long wait, thanks to the courts. Both a Magistrate's Court and a High Court have dropped the 2011 accusations, arguing that there is no evidence to press preferred charges against him.
Judge Juma Chitembwe ruled on Friday that the prosecution did not adduce enough evidence to prove its case, leading to closure of the file.
In his ruling, Judge Chitembwe said that the alleged 17-year-old girl was not lured and she knew what she was doing when she had sex.
“She was behaving just like an adult. After having sex she went back to the church,” Chitembwe ruled.
He added: “I do find that PW1 (the alleged victim) took herself like a mature girl. She went to church for overnight prayers with her sisters and aunties but sneaked out to have sex with the respondent (P K). The circumstances of the case show that the respondent might have believed that the girl was over 18 years."
On the fateful night of December 31, 2011, during the nigh church service, the girl is said to have left home with her sisters and aunt at 8pm to attend a prayer service at the church to usher in the New Year.
As her sisters and aunt went in to pray, the girl waited outside the church where she met with her lover. They took a motorbike to a club.
Afterwards they went "somewhere" and had sex and returned to the church.
The court heard that five months later, she met the man again. They talked and went into the forest and had sex.
She later realised she was pregnant and the matter was reported to police. P K was charged with defilement but was acquitted by a trial court on grounds that penetration was not proven. The doctor also did not testify.
The prosecution appealed the decision but the man got lucky the second time as Judge Chitembwe declined to lock him up saying the girl had consensual sex.
The judge noted that the accused person had a relationship with the girl and met on some occasions to have sex.
He also noted that the meetings between the two were pre-arranged and at no time was the lady lured.
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