By: Ibrahim Kabba Turay
Justices Manfred Sesay presiding at the High Court of Sierra Leone has yesterday sentenced Idrissa Kamara to twelve years imprisonment for sexually penetrating an 8yrs-old child.
The convict was standing trial in the High Court presided by Justice Manfred 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, 10th June 2018, at the Kissy Black hall Road, Western Area, sexually penetrated the victim below the age of 18th years to wit 8 years contrary to the laws.
In his judgment, Justice Manfred 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 sexual 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 five witnesses to present his case.in his testimony, Doctor Cole told the court that the hymen around the victim’s Virginia was ruptured and that such rupture could be caused by sexual penetration or bike riding,
He further told the court that she could not tell as to when the victim’s hymen was ruptured.
In the victim’s statement to the police, she narrated that during the day of the accident; she came from school when the convict calls her into his room and asked her to undress which she did, as she was afraid of the convict so, therefore, adhere to his instruction.
According to the judge, the convict penetrated on the victim using his finger after which he threatened her not to explain it to any of her parents, stating that the victim later went on to tell her mother who took her to the police station.
He further disclosed that the Convict had told the police at his confessional statement that he only penetrating the victim twice and that he did not want the matter to go to court
Justice Sesay said having examined the evidence; he established that all that the convict told the court that on his testimony in court was to frame up his lies to cover-up his bad deed.
He said the prosecution had proved its case beyond all reasonable doubt against the accused.
He added that the convict took advantage of the vulnerability of the victim and used it to abuse her and that he, the convict does not deserve his mercy, in that note he was sentenced for twelve years imprisonment.
