By Mohamed Foday Conteh
Justice Jamestina King has sentenced one Ibrahim Sesay, 37, to 15 years imprisonment and levied him a fine of 10 million Leones after he was found guilty of sexually penetrating and impregnating a 12 year old primary school pupil.
Sesay was said to have had sexual intercourse with the victim between the 1st to the 30th June 2017 in Lumley in the west of Freetown. The abuse allegedly occurred during the holy month of Ramadan.
The first witness led in by the prosecution was Ballah Marah, the uncle of the victim and landlord of the house where the crime was committed. Marah had adduced in court that the accused was his tenant. He had told the court that he was at his house construction site when he was called by his wife and rushed home. His wife then broke news of the girl’s pregnancy to him. The uncle affirmed in court that a pregnancy test in the presence of a community women’s leader (Mammy Queen) turned out positive. According to him, the victim had told the police that it was Sesay the accused that was responsible for the pregnancy.
The 12 year -old victim was the second prosecution witness to have testified in court. She emphasized that it was the accused that impregnated her. She explained how during the Muslim holy month of Ramadan in 2017 her aunt had asked her to spend the night at Sesay’s place because her uncle had wanted to spend the night at her aunt’s room. The girl said she asked her two friends to join her for the night at Sesay’s place.
The child said after they had taken their pre-fasting food (Sokoli), Sesay asked the other two girls to leave and that point the accused then told her to keep their affairs in secrecy that early morning. She had noted the perpetrator then told her to climb on the bed and remove her pants. She said that Sesay persisted by allaying her fears and later sexually her.
According to the evidence in court, Sesay had showered gifts on the victim including providing her clothes for the Ramadan day of praying. The perpetrator was also said to have proposed to teach the victim and her two friends Islamic ideals. He had reportedly penetrated the victim at another date and given her money after the said act when she was going to school.
The State also led in one Abibatu Kamara who was the aunt and housewife of the victim at the time of the said incident. She corroborated evidences of both the victim and the uncle which included that the victim slept at Sesay’s room in more than one occasion in 2017 and that the perpetrator was not in town when they found out that the victim was pregnant.
Police Constable Foday Maligie Bangura also testified as Prosecution Witness 4. He said he was the officer in charge of investigations and together with another colleague officer, later visited the crime scene after having obtained statements from the victim and the uncle.
Dr. Olabisi Cole from Rainbo Centre, Princess Christian Maternity Hospital (PCMH) was led in as the 5th prosecution witness. She had told the court the victim’s hymen was ruptured and was found to be 9 weeks pregnant. The defence had objected to the medical report, citing some inconsistences. However, the doctor tried to allay fears by stating that the mistakes were not adverse to the case.
The defence also led in two witnesses –the accused and a girl called Isatu who was one of the three girls that slept at Sesay’s room during the Ramadan. The accused had vehemently denied the allegations against him and said he was innocent.
Isatu had told the court that she had not seen the accused and the victim alone in the said room but had however confirmed in court that the three of them had slept at Sesay’s room. She had said that Sesay had slept on the floor while they slept on the bed.
The judge, after reviewing all the evidences, deduced that from the demeanor and appearance of the victim that she was and is still a child. She also reckoned that the victim was consistent in her accusation of the accused. Justice King also adduced that the medical report also affirmed that the child had a ruptured hymen and that an ultrasound scan proved that she was pregnant. The judge later found Sesay guilty of the allegations against him.
Sesay refused a plea bargain and vehemently stated that he was innocent of the allegations against him.
The judge however sentenced him to 15 years imprisonment. She also ordered that a compensation of 10 million Leones be paid to the victim immediately in a period not exceeding 5 years. Justice King further ordered the Ministry of Social Welfare to provide care for the baby of the 12 year old victim and that both should have their identities protected.
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