Court of Appeal Judge presiding over cases at the Sexual Offences Model Court in Freetown, Honourable Justice Komba Kamanda has sentenced 30-year-old Labourer, Moseray Kamara to 20 years imprisonment after being found guilty of sexually penetrating a 7-year-old child.
The accused was before the Court to answer to 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count indictment of Sexual Penetration contrary to Section 19 of the Sexual Offences Act 2012, Act No. 12 of 2012, as repealed and replaced by Section 4 (a) (ii) of the Sexual Offences (Amendment) Act 2019, Act No. 8 of 2019.
The accused, upon his arraignment, denied the allegation. State Prosecutor, Yusuf I. Sesay, made an application for trial by Judge alone to expedite the case. His application was granted by Hon. Justice Kamanda.
During the trial, the Prosecution relied on the evidence of five witnesses including the child victim.
In her testimony, the 7-year-old said she knew the accused and recalled that on the 7th of September 2021, the accused sexually penetrated her and threatened to kill her if she reported anything of that nature.
Since she couldn’t withstand the traumatic situation she later told her mother about what had happened, the matter was reported to the police and she was later taken to the hospital for medical examination.
At the close of the Prosecution’s case, the accused denied the allegation and did not call any witness other than mere denial.
In his judgment, Hon. Justice Komba Kamanda said, ” I hold that in this case, the Prosecution has proved their case beyond a reasonable doubt, the accused was identified but all he did was merely deny the allegation which is not sufficient to prove his innocence”.
He stressed that the accused was guilty as charged and sentenced him to twenty (20) years imprisonment.
Also, in another related matter, Justice Kamanda discharged a 50-year-old Security Guard, Bockarie Kanneh of the offense of Sexual Penetration for Want of Prosecution.
Kanneh was alleged to have on the 4th day of February 2022 harbored a 16-year-old girl for three days, during which time he sexually penetrated her.