Ibrahim Kabba Turay
40-year-old Kellie Jarawa was on 14th April, acquitted and discharged by Justices Monfred Sesay, on the allegations of sexual penetration of a 15-year-old child.
The High Court judge said sufficient evidence to prove the guilt of the accused persons was still a challenge to the court.
The accused was before the court on one count of sexual penetration of a child, contrary to Section 19 of the Sexual Offences Act of 2012.
State Prosecutor, J.A.K Sesay, had alleged that the accused on 27th October, 2017 penetrated a child under the age of 18, to wit 15, but he had denied the charge.
To prove their case, the prosecution summoned five witnesses, but didn’t tender any exhibit.
Whilst reading the judgment, Justice Sesay said the prosecution had a duty to prove their case beyond all reasonable doubt in order to secure a conviction on the offence charged.
The judge noted that he was mindful of the fact that an accused is entitled to an acquittal if there was no direct or circumstantial evidence to establish his guilt, and that he was also aware that any iota of doubt must be in favour of the accused person.
The judge added that it was the duty of the prosecution to prove whether it was the accused that sexually penetrated the victim as alleged.
He said the voluntary caution statement of the accused was a complete denial of the allegation against him.
The judge referred to the testimony of the prosecution witness No.1-the victim, who told the court that the accused called her in a classroom and sexually penetrated her-an incident she reported to her mother.
The judge said none of the prosecution witnesses in any way corroborated the testimony of the victim.
“The evidence before this court is that of the accused person against the victim, that she was a trouble maker in school on that day the victim was outside while classes were going on. The accused had told the police that because of the victim was outside he decided to give her two lashes on her buttock which made the victim went angry,” the judge said
The judge further noted that no corroboration between the testimonies of the three witnesses- the victim, her mother, and her friend.
“I have advised myself that any doubt must be resolved in favour of the accused person. It is my view that this accused is not guilty of the offence of sexual penetration http://orthocentre.com.au/cialis-online/. I therefore acquit and discharge him,” he said.