August 31, 2021
By: Francis F.M.Harding
The accused person Ibrahim Sesay who is 32 years has made his final appearance before Justice Jamestina Jing on the 30th August, 2021 at the High Court in Freetown. The accused person is before the court on one count charge for raping a 12 years old girl contrary to section 19 of the Sexual Offences Act No.12 of 2012.
The accused person was brought to court on the 26th September, 2018 where he pleaded not guilty to the offence of sexual penetration. The particulars of offence are that the accused person on dates unknown between the 1st June and the 30th June 2017 in the western area of Freetown engaged in an act of sexual penetration of a minor.
The court granted the prosecution an application for the accuse person to be on trial by judge alone instead of trial by judge and jury pursuant to section 142 (2) of the Criminal Procedure Act of 1965 and repealed and replaced by section 3 of the Criminal Procedure Amended Act 1981 Act No.11 of 1981.
At the time of the incident, the victim was 12 years old living with her guardian who was a landlord to the accused person.
At the close of the prosecution`s case five witnesses testified and they were cross-examined by the defence. The accused person was granted bail.
Justice King said PW1 Balla Marah testified that he recognized the accused person as his tenant and the victim as his niece.
He said he recalled on the 1st June and the 30th June 2017 when he was at his site and was called home by his wife indicating to him about a certain problem at home.
His wife told him that the victim was pregnant and she called her to confirm. He said his wife took her to the elders and mammy queen to conduct pregnancy test which proved positive.
Justice King furthered that the matter was reported to the Lumley Police Station.
“At that material time the accused was out of town but was summoned to Freetown where he denied impregnating the victim”, the judge explained.
The rape victim was handed over to Don Bosco.
Bail was refused to the accused person as they were living in the same resident. Bail was deferred until after the evidence of the victim.
The victim testified as PW2 and he was aided by the Court Registrar. In her testimony the victim said she lived at Don-Bosco and before residing at Don-Bosco she said she knew the accused person. “He impregnated me on his bed during Ramadan”, the victim revealed.
She continued that she knew where the perpetrator was living because he was a tenant to her uncle.
She could remember on diverse dates in 2017 between herself and the accused person it was during Ramadan her uncle came home to sleep with her aunt. He asked her to sleep at accused persons place as there was not sufficient room in their house.
She called her friends who accompany her to sleep at the accused person place. The three of them got up to eat “socoly” it was then that the accused person asked ask her friend to go home, where both of them left together. The report said that the accused told her not to reveal to her uncle whatever he told her he then ask her to climb on top of the bed and remove her pant.
The victim told him that she was afraid but he told her not to be afraid. He then removed her pants and the accused climb on top of her. He put his penis in her virgina.
The report reveals that the accused person told her aunt that he will provide clothes for the victim for the Ramadan.
The accused person also told her aunt that he will teach the victim and her friends the Quran.
The report also revealed that on a particular day her aunty sent her to buy potato to cook she then called her into her room and told her that she have observed something about her and her aunt called the other tenants to listen to what she has to say. She told her that she was pregnant and she responded that she was not pregnant later she told her that the accused person put his penis into her virgina.
At the police station her uncle was given a document and she was taken to the Rainbow Centre for treatment and later was taken to Don-Bosco home for sexually abuse children. At the police station she made a statement.
The defense closed it case on the 21st October, 2020 and the defense counsel made an oral closing address 24th February, 2021 and she stated the accused person denied the allegation.
The Defense Counsel pleaded on his behalf that the judge should show him mercy. She continued to say that the judge should take into consideration the time his client has spent at the Correctional center and that his client has been punished enough. She said the accused person is a young man and a first time offender and that the judge should give him another opportunity to go into the society.
Responding to the defense counsel the judge said the accused person was abusing the position of trust as he was asked to provide religious nurturing to the twelve years old during the Holy period of Ramadan. Justice Jamestina King therefore sentenced Ibrahim Sesay to fifteen years imprisonment and the time of imprisonment should take into account the time the accused person spent in detention from the date of his arrest on the 12th October, 2017 to the 11th February, 2019 and the date he fulfilled the bail conditions.