By: Haja Hawa Koroma
Presiding Judge, Justice Komba Kamanda, has on the 7th June, 2022 at the Sexual Offences Court in Freetown slammed a 20 years sentence to Paul Sulaiman Lolleh who was accused of sexually penetrating a child below the age of eighteen years.
PW1 a 13 year old victim gave witness that on the 9th July 2021, she went out to sell plastic for her aunt and was later sitting at a boot at night where the accused approached her and asks about her name which she showed him. The accused then bought her food to eat which she ate and then asks her whether she has started having sex and she replied negative. The accused then took her to his place of work and asks her to have sex with him but she refused. He then removed her knickers and tights and sexually penetrated her.
She spent the night at his place and in the morning he gave her Le 5,000 to buy food and bids her farewell. She added that, she later saw a man called Mr. Gibrilla his uncle, but from the way she looked he was not satisfied with her condition and he took her to her aunt, who called her sister to come do a proper check up on her. The sister asked her to remove her clothes and pants and did a proper check up on her and what she discovered led her to ask the victim whether she has been engaging in sexual relations and it was then that the victim confesses that she had been raped by the said accused person.
They went with her to the accused place and she immediately identified him and confirmed that he was the one that had sexually penetrated her. Her elder sister immediately took her to the police and reported the matter and a medical checkup was done on her.
According to the PW2 Aminata Kamara, she led evidence that the Victim’s aunt had informed her that the victim had been missing on that Friday night and that they searched for her everywhere. When she came home the following morning, she had asked her about her whereabouts and whilst doing she noticed blood stains on the victim’s clothes and had also examined her and noticed that she had a wound on her vagina. She added that she also went with the victim and her aunt to the accused place and upon identifying him, the accused denied the accusations but his friend bear witness that the accused has indeed sexually penetrated the girl and as a matter of fact he had warned him not to bring the girl into their room and he refused, saying that the girl’s mother is a cripple and she doesn’t have anywhere to sleep and he was only doing her a favor.
The PW3 Suad Isha Kamara, a medical practitioner attached at the Rainbow Medical Clinic, led evidence that on the 23rd July 2021, she took medical history of the victim and also examined and treated her. She also prepared medical evidence which was tendered in exhibit A1 to A3, the medical findings shows copious yellowish vagina discharge and a complete rupture of hymen.
Given that all the 5 witnesses evidence and witness corroborated and it is a well settled law that in criminal matters the duty of proving the accuser person’s guilt rests on the prosecution and that the accused had confirmed that the victim had in fact slept in her room and had given her Le 5,000 the following morning. This clearly proves the case that he must have tampered with the girl as the Judge doubts that he only gave the girl food and a place to sleep out of the kindness of his heart as he should have just given the girl the money for food and send her home. Also, the evidence of sexual penetration has been established beyond doubts therefore the judge issued out a verdict that the accused is guilty of all charges.
The prosecutor asked for 25yrs sentence to be levied upon the accused because the pattern at which the accused committed the offence was a well-planned and calculated act. And also because he claims that the accused has changed the poor girl’s life forever to have taken her innocence in that kind of way so it is only fair that he serves that amount of sentence, but the accused pleaded for mercy and the judge gave a final verdict of 20 years imprisonment.
The court was informed by the state counsel on behalf of the state at the criminal sessions of the High Court Holden at Freetown on the 29th November 2021 of the charges levied against the accused Paul Sulaiman Lolleh.
According to the statement of offence, the accused was charged with sexual penetration contrary to section 19 of the Sexual Offences Act 2012, Act No. 12 of 2012, as repealed and replaced by section 4(a) (ii) of the Sexual Offences Amendment Act 2019, Act No. 8 of 2019.
The Particulars of offence stated that, on the 9th July 2021, Paul Sulaiman Lolleh engaged in an act of sexual penetration with a child, in Freetown, Western Area of Sierra Leone.
On behalf of the State the matter was prosecuted by Isaac Sesay Esq who relied on the evidences of five witnesses PW1 to PW5 to establish proof of guilt of the accused, while C. Campbell defended the accused person.
