The incident took place between Sept 1 and Sept 18, 2013 when the girl was 15 years of age.
The State alleges the accused picked the girl up during that period from her primary school under the pretext of giving her money and took her to Red hills at Gerehu when he sexually penetrated her.
He abused a relationship of trust that the girl had for him as he was seen as “uncle JP” to her and their families were close, being from the same clan and village.
Justice George Manuhu convicted the man, Paul Pisa, on Wednesday after he considered evidence and witness statements including that of the victim and her relatives.
She gave birth to a child on June 22, 2014.
Justice Manuhu in his decision said the victim’s statement maintained that the child was conceived as a result of the assault.
Pisa gave evidence in court that during the last general election he mobilised a number of voters in the village not vote for a man who was from the same clan of the victim’s family and the sexual assault story was made up to take revenge.
The court when arriving in its decision considered a number of factors like the story which the victim maintained and the fact that Pisa avoided straight forward questions that were put to him by the State.
He gave no evidence of his whereabouts during the period the indictment allege he sexually assaulted the girl.
Even a family member of the victim who was studying abroad had to travel back to the country to give evidence in relation to the incident. The court was of the view that one would not just leave their studies and travel back to the country to support a story that one makes up.
Justice Manuhu refused an oral bail application which Pisa’s lawyer moved in court.
Despite his plea for an extended bail on his medical condition and his family’s welfare, the court was of the view that the offense committed was serious in nature and has a maximum penalty of life imprisonment, thus refusing bail.
He is expected back in court at the end of the month where submissions will be done on what his appropriate penalty sentence the court should impose.