The Senior Resident Magistrate Court in Mwanza has on Monday, acquitted Francis Tezela on a charge of indecent assault.
In court, the wife of the accused alleged that she went to fetch firewood and left the couple’s three-year-old daughter in the hands of her husband. When the wife returned, she found sperms on the little girl’s body and clothes.
She then stripped off the clothes of the accused and claimed that she also found sperms, an allegation denied by the accused. He was later arrested and has been in custody since November as bail was denied.
During prosecution in the Senior Resident Magistrate court, four state witnesses were paraded to prove the allegations of assault.
The first witness was the three-year-old girl who narrated in court that she was ‘touched’ by the accused, but could not answer any further questions put to her.
The second state witness was the victim’s mother and another witness was a medical personnel. The medical personnel examined the girl and during cross-examination, he confirmed to the court that even though she was brought to the hospital the same day, he did not notice the alleged sperms on the child. He further explained that nothing abnormal was detected on the child.
The state also paraded an investigator as a witness and the court ruled that Francis Tezela had a case to answer.
The accused was being represented by counsel from Legal Aid Bureau and during defense, he was his own witness.
After hearing from the accused, the court was of the view that in the absence of a direct witness and a medical expert’s evidence that there were indeed sperms on the child’s body and clothes, the prosecution has failed to prove the indecent assault beyond reasonable doubt.
“We are happy that justice has been served,” commented Principal Legal Aid Advocate Tiwonge Penama who represented Tezela in the matter.
Legally aided Francis Tezela is now a free man.