Why lack of medical evidence didn’t save man in defilement case

Malindi court says medical evidence presented by the clinical officer indicated the complainant had normal genitalia and a broken hymen...

✨ Key Highlights

The High Court in Malindi upheld the conviction of Baraka Kaingu for defiling a 15-year-old girl, reducing his sentence from 30 to 20 years despite a lack of definitive medical evidence.

The court ruled that a child victim's testimony alone can be sufficient for conviction in sexual offense cases under the Evidence Act.
The conviction was based on the complainant's testimony and her grandmother's corroboration, alongside the appellant's acknowledgment of living with the minor as his wife.
The court emphasized that a minor cannot legally consent to such a relationship, thus proving the offense of defilement.

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