Francis Adu, a 39-year-old illegal miner who was charged for defiling and impregnating a primary five pupil, has been acquitted and discharged by a Tarkwa Circuit Court for lack of evidence.

In his ruling Mr. Justice Nana Kwame Ohene Essel explained that though Adu pleaded guilty to both charges and promised to take care of the victim’s education after giving birth, he could not convict him because the police and the mother of the victim, Theresa Bonful, failed to prove the actual age of the victim.

He said the police said the victim was 13 years old but his National Health Insurance card showed that she was 12 years old.

Mr. Justice Essel said since the victim’s age was not certain, he decided to set Adu.

The victim’s mother wept after the judgment and said Adu had destroyed her daughter's future.

Prosecuting earlier Police Chief Inspector Florence Tawiah told the court that the complainant, Bonful, and Adu lived in the same vicinity at Kutukrom.

She said in May Adu brought his one- and- half -year-old daughter from Kumasi to stay with him and asked the victim to send her to school and bring her back home on daily basis.

She said Adu took advantage of this cordial relationship and started having sexual intercourse with the victim.

Chief Inspector Tawiah said on August 20, Adu invited the victim into his room and had sexual intercourse with her after which he prevented her from going home.

She said the following day the complainant started searching for her daughter and found her in Adu’s room.

A report was made to the police and Adu was arrested and medical examination showed that the victim was pregnant.