By Elkass Sannoh
High Court Judge presiding over cases at the Sexual Offences Model Court in Freetown, Honourable Justice Mohamed Bawoh has acquitted and discharged 29-year-old Tailor, Mohamed Gbla of Sexual penetration.
The accused, Gbla, was before the court on a one count indictment of Sexual Penetration Contrary to Section 19 of the Sexual Offences Act, 2012 Act No 12 of 2012.
Gbla was alleged to have on a date unknown between the 1st day of June 2018 and the 30th day of September 2018 at Freetown in the Western Area of the country engaged in an act of sexual penetration with a child.
He also denied the allegation upon his arraignment before the court.
State Prosecutor E. T Jalloh made an application for trial by Judge alone instead of Judge and Jury which was granted by the Judge.
The Prosecution led in evidence a number of witnesses in support of their case including a medical doctor whose medical report on the victim indicated that the 13-year-old victim at the time was diagnosed of a six weeks pregnancy with a completely ruptured hymen and no physical injuries seen.
At the close of the Prosecution’s case, the accused took the witness stand and testified in his own defence.
In his evidence, Gbla said the victim was his girl lover for over six months before the incident and that they both were staying together with the approval of the alleged victim’s mother.
Upon review of the totality of the evidence before the court, Justice Bawoh noted that “it is quite clear that the Prosecution has not proven to this court that indeed the “victim” is a child and as doubts exist with regards the correct age of the “victim”.
Gbla was acquitted and discharged of the offence charged.
Justice Bawoh also acquitted and discharged 65-year-old Building Contractor, Charley Deen of Sexual Penetration.
Accused Deen was standing trial for a one count indictment of Sexual Penetration Contrary to Section 19 of the Sexual Offences Act 2012, Act NO. 12 of 2012, as repealed and replaced by Section 4 (a) (iii) of the Sexual Offences (Amendment) Act 2019, Act NO 8 of 2019.
He was alleged to have on a date unknown between the 1st day of December 2020 and the 31st day of December 2020, at Freetown in the Western Area of the country, engaged in an act of Sexual Penetration with a 14-year-old child at the time.
The Prosecution closed their case after leading in evidence a number of witnesses while the accused relied on his denial statement to the Police and called his wife as the sole witness.
Delivering his judgment, Justice Bawoh said “none of the witnesses has been able to corroborate the victim’s story and as more doubts rather than clarity have been evident in this matter this court will hereby acquit and discharge the accused.”
22-year-old Mason, Mohamed Jalloh alias Rasta and 16-year-old Mason, Mohamed Bangura alias Orga were both standing trial for the offence of Sexual Penetration.
Jalloh was alleged to have on the 25th day of February 2020 at Waterloo in the Western Area engaged in an act of sexual penetration with a child.
Bangura was also alleged to have on the 21st day of July 2021 at Freetown in the Western Area of the country, engaged in an act of sexual penetration with a child.
Both accused persons denied the allegation upon their arraignment before the court.
At the end of their trials after the Prosecution was able to prove their case beyond reasonable doubt, Justice Bawoh sentenced Bangura to 5 years’ imprisonment and Jalloh to 15 years’ imprisonment.
Justice Bawoh similarly sentenced 20-year-old pupil, Mohamed Ngulama to 10 years’ imprisonment after he was found guilty of sexual penetration.
During the course of the trial, the Prosecution was able to adduce evidence that hit the threshold for his conviction.
In another related matter, Court of Appeal Judge presiding over cases at the Sexual Offences Model Court in Freetown, Honourable Justice Komba Kamanda has also sentenced 35-year-old teacher, Alhaji Baimba Kanneh to 36 years imprisonment after he was found guilty of sexual penetration committed against a 13-year-old girl.
The Prosecution led in evidence four witnesses in support of their case while the accused led a sworn-evidence on oath and did not call any witness.
The Prosecution was able to adduce evidence that hit the threshold for his conviction.
