By Francis H. Murray
Justice Monfred Sesay of the High Court in Freetown has sentenced one Mohammed Jah Nalo to fifteen years imprisonment after he was found guilty of raping a twenty-four year old woman.
The accused was standing trial on a one count indictment of rape. Before passing his judgment on Thursday, 17th September, Justice Sesay said that the prosecution called four witnesses during the course of the trial, including the victim and three police officers.
He noted that the victim told the court that she lived in Moyamba and later came on a visit to her grandmother at Rokel Village where she met the accused and both of them started a love relationship.
He added that the victim further told the court that things were going well between them until the accused alleged that she was cheating on him with somebody in his neighborhood. The victim had told the court that based on that allegation, the accused invited her over to his house which she agreed to and went along with her sister, adding that upon arrival, and following a short chat among them, the accused took her inside his room and started beating her and forcefully inserted his penis into her vagina, thereby raping her. She added that the accused used an old zinc to cut her hair and after that burnt her pants.
According to the victim’s testimony, her sister went to call a family member who came to the scene. The victim said her sister later on called a brother of theirs with whom she visited the scene of crime later in the evening where they met they met the victim and the accused seated outside. She recalled that the accused informed them that he had dealt with their sister (the victim).
She added that her brother advised him to take her to the hospital as she was wounded with a swollen face, but that the accused refused and put her on top of his bike and dropped her to her grandmother. She said on the following day, she and her grandmother reported the matter at the Rokel Police Post.
Continuing his judgment, Justice Sesay further noted that other witnesses also testified, including the exhibit clerk who tendered in court some exhibits which included one black Itel mobile phone, hair of the victim that was cut by the accused, a piece of zinc that was used to cut the victim’s hair, as well as pictures showing the swollen eyes of the victim after she had been beaten by the accused.
Justice Monfred Sesay said he was convinced that the prosecution had proven its case beyond reasonable doubt, adding that based on the evidence before him and the exhibits tendered in court, the accused was guilty of the offence of rape.
In his plea of mitigation, defense lawyer from Legal Aid Board, Morrison Karimu, noted that the accused was a father of a boy and had also been taking care of the victim and her child before the incident, adding that a custodial punishment will bring untold hardship on the child.
He then pleaded with the judge to temper justice with mercy, adding that the accused person was remorseful and had learnt his lessons as a first time offender.
Justice Monfred Sesay therefore sentenced him to fifteen years imprisonment, which takes effect from the time of his incarceration.
The prosecution had alleged that the accused, on 24th September 2018, at Rokel Village in the Western Area of Freetown, had sexual intercourse with a twenty-four year old woman without her consent.
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