A young man charged with defilement was set free on Thursday after the victim told a Kwale Court that she and a baby they had together have been depending on him for upkeep.
The victim who was inconsolable, tearfully defended the suspect who was accused of defiling and impregnating her when she was 17 years, last year.
Silence engulfed the packed courtroom as the girl narrated her ordeal to Senior Resident Magistrate Patrick Wambugu who keenly listened to her.
At some point the girl was too overcome by emotions that the magistrate asked her to take a sit and relax after which she continued pouring her heart out.
She told the court that after becoming pregnant, her parents chased her away and Muteti has since been taking care of her even after she delivered the baby.
Drama started immediately the accused was brought to the dock from the court cells when the victim who desperately raised her hand up caught the attention of the magistrate.
Then the court asked her if she was ready to give a sworn testimony she readily agreed and took an oath while holding a Bible.
“It is true the accused impregnated me after which I was chased away from home. He took care of my pregnancy and now I am 18 years old,” she said and pleaded with the court to set him free.
She added that though they do not live together, Muteti always looks after her hence the reason she was requesting that he be acquitted.
“If you jail this man, I will suffer greatly. I request that he be set free to help me bring up the child,” the girl, who was with her baby in court, said.
After a brief moment of silence in the court, the magistrate read his final verdict in which he freed the accused under section 204 of the Penal Code.
“The complainant is now 18 years old and she has attained the age of maturity. I have nothing to hold against the accused but tears of the complainant allow withdrawal of the case,” ruled Mr Wambugu.
According to the prosecutor Ms Millicent Kigira accused committed the offence on July 21, last year in Diani, Kwale County.
