Fredrick Wadia Masanju v Republic [2014] KEHC 7316 (KLR)
- Court
- High Court of Kenya
- Case number
- 7316
- Citation
- [2014] KEHC 7316 (KLR)
The conviction for rape is quashed, and the appellant is convicted of indecent assault on an adult female. The sentence of ten years imprisonment is substituted with a fine of Kshs. 30,000 and three years imprisonment in default.
Facts
The appellant, Fredrick Wadia Masanju, was charged with rape and indecent assault. The complainant, R E M, testified that the appellant raped her in his car on January 20, 2011. The appellant denied the charges and claimed he was framed by an unknown person.
Issues
- Insufficiency of evidence
- Inconsistencies in the prosecution case
Reasoning
The court found that the evidence did not prove the appellant's guilt of rape, but sufficient evidence supported the charge of indecent assault. The prosecution failed to prove the appellant's guilt of rape due to insufficient evidence and inconsistencies in the prosecution case.
Outcome
Appeal upheld, conviction for rape quashed, conviction for indecent assault upheld
Orders
- Conviction for rape quashed
- Conviction for indecent assault upheld
- Sentence of ten years imprisonment substituted with a fine of Kshs. 30,000 and three years imprisonment in default
Authorities cited
Legislation (1)
- Sexual Offences Act 2006
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