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A circuit court in Accra on Tuesday acquitted and discharged Daniel Ayivie, a 41-year-old mechanic who was accused of defiling a 10-year-old girl. Ayivie�s acquittal followed non-appearance of the victim and her uncle who is the complainant in the case to testify in the matter. The case investigator was the only one who gave evidence in respect of the case against Ayivie whom prosecution claimed had defiled the victim for the past one and half years. Ayivie, who had denied the charge of defilement, however, in his caution statement to the police, said he only played with the victim�s vagina. The court, presided over by Ms Sedina Agbemava, noted that sufficient evidence had not been led by the prosecution to prove the charge of defilement against Ayivie. According to the court, it could not use the evidence of the case investigator to convict the accused person. Assistant Superintendent of Police (ASP) Sarah Acquah said the complainant was Daniel Kwame Ayivie, victim�s uncle. Accused person and the victim reside in a family house at Nii Boi Town, a suburb of Accra. Prosecution said Ayivie, for the past one and half years, had been having sex with the victim any time an opportunity arose adding; �they even had sex on the bare floor and behind the toilet house.� ASP Acuqah said luck, however, eluded the accused person when a witness in the case caught the accused person and victim having sex. The complainant, therefore, approached the accused person who admitted the offence. A complaint was lodged with the police and the victim was sent to the Achimota Government Hospital for examination and treatment.