May 20, 2020
By Ibrahim Kabba Turay
Alieu Kamara, a student at the Baboo College, Allen Town in Freetown, Western Rural District, was yesterday, May, 19, convicted and sentenced to ten years imprisonment for sexually penetrating a 15 years old pupil.
The convict was standing trial in the High Court presided by Justice Monfred Sesay on a one count charge of sexual penetration of a child contrary to Section 19 of the Sexual Offences Act of 2012.
The State Prosecutor, Ahmed Joseph Sesay, had alleged that the accused on Thursday, 12th June, 2018, at the Waterloo Western Rural District, sexually penetrated the victim below the age of 18th years to wit 15 years contrary to the laws.
In his judgment, Justice Monfred Sesay said the accused was standing trial before his court on one count charge of sexual penetration.
He said it was the burden of the prosecution to prove its case beyond all reasonable doubt, noting that the prosecution must prove four elements beyond all reasonable doubt.
He reiterated that the prosecution must prove that indeed the accused engaged in an act of sexually penetration with a child, and that it must also prove that at the time of the offence the victim was under the age of 18 years.
He further that the prosecution must also prove that the accused had the intention at the time of the incident, and that he must have engaged in an unlawful act with a child to wit sexual penetration.
He said the prosecution called four witnesses to present its case, noting that the victim in the matter was nowhere to be found to testify on the matter, but police officers and one Doctor Ola Bissy Cole, who examined the victim, testified in the matter.
He said in her testimony, Doctor Cole told the court that the hymen around the victim’s virgina was ruptured and that such rupture could be caused by sexual penetration or bike riding.
He said Doctor Cole further told the court that she could not tell as to when the victim’s hymen was ruptured.
He said in the victim’s statement to the police, she narrated that she was a class six pupil and that she was 11 years of age.
Justice Sesay said the victim further narrated that the accused was her neighbour and that on the day of the crime, she went to visit her friend when the accused held her tight, hit his head on a wall, removed her pant and penetrated his finger into her virgina.
Justice Sesay said the accused’s had denied the allegations earlier,but later admitted that he did commit the crime.
He further that the mother of the victim said when the victim came home she saw blood stain all over her dress.
Justice Sesay said having examined the evidence, he established that all that the accused told the police was nothing but a lie to cover-up his bad deed.
He said the prosecution had proved its case beyond all reasonable doubt against the convict.