High Court judge Justice Momoh Jah Stevens has on Wednesday 12th January 2022 Acquitted and discharged a 20-year-old pupil of the crime of sexual penetration.
The accused had been arraigned for sexual penetration of a child contrary to section 19 of the Sexual Offences Act of 2012.
The prosecution led by M.P. Sesay alleged that the accused on 1st September 2020 penetrated a child of 17.
Reading the judgement, Justice Momoh Jah Stevens mentioned that the prosecution had a duty to prove its cases beyond reasonable doubt in order to secure a conviction on the offence charged.
He saidthat the prosecution in attempting to prove its case called three witnesses and tendered exhibits in support of their case. He added that he was mindful of the fact that an accused is entitled to an acquittal if there is no direct or circumstantial evidence to establish his guilt and that he was also aware that any doubt must be resolved in favor of the accused.
Justice Stevens noted that the victim earlier in her testimony said that she had been dating the accused and added that the accused didn’t sleep with her. He noted that the accused made a denial in his voluntary caution statement in response to the allegations of Sexual Penetration.
“Sufficient Evidence to prove the guilt of accused persons charged with sexual penetration was still a challenge, I have advised myself that any doubt must be resolved in favor of the accused,”Justice Stevens said.
He however ruled that the accused is not guilty of the offence charged, and therefore acquitted and discharged him.
By Alimatu Jalloh