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Man Gets Life Imprisonment For Raping Minor

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By: Isatou Sarr

The Bundung High Court has sentenced Amadou Wurry Barry to life imprisonment after finding him guilty of raping an eight-year-old girl.

Justice I. Janneh handed down the sentence after convicting Barry on a single count of rape, contrary to Section 3(1) of the Sexual Offences Act, 2013. The offence occurred on May 3, 2022, at Tippa Garage.

The prosecution, led by W.S. Madu, called six witnesses during the trial.

An eyewitness, Muhammed Trawally (PW1), told the court that he heard a child crying while searching for a place to relieve himself.

Upon checking, he found the accused in the act with the victim, who had been forced to stand on a 20-litre plastic gallon.

He said the accused attempted to attack him with an iron rod before fleeing on a bicycle, but was later apprehended with the help of bystanders.

The victim (PW3), who testified in camera, recounted that the accused approached her as she returned from the market, took her to a carpentry workshop and assaulted her. She identified Barry in court as the perpetrator.

The child’s mother (PW2) told the court that the incident happened during the Koriteh (Eid al-Fitr) period. She described how her daughter returned home in distress and later complained of pain, which persisted for days.

Medical evidence was provided by Dr Yaya Bah (PW4), who testified that the examination revealed a tear in the victim’s perineal region, as well as bruising and blood clots. Although laboratory tests were negative for sperm, he explained that this could be due to delays before examination or cleaning. He maintained that the injuries were consistent with forceful penetration.

Police officers Tida Ceesay and Amadou B. Sanneh (PW5 and PW6) testified on the arrest and investigation. The prosecution also tendered the accused’s cautionary statement, in which he admitted being alone with the victim, contradicting his later denial in court.

In his defence, Barry denied the charge, claiming he was attacked by a mob while on his way to buy flour and was robbed of cash and personal belongings. He dismissed the prosecution’s case as false.

Justice Janneh rejected the defence as implausible, noting inconsistencies in the accused’s account and contradictions with his earlier statement to police.

The court held that the evidence of the eyewitness, the victim and the medical findings sufficiently established the offence beyond reasonable doubt. The judge further noted that the victim’s age constituted coercive circumstances under the law.

In mitigation, defence counsel pleaded for leniency, citing Barry’s status as a first-time offender and a father. However, the court found no basis for a reduced sentence.

“A rapist is worse than an animal… He is a cancer in the society,” Justice Janneh stated, echoing the Supreme Court’s stance on such atrocities. She categorised the crime as “Category 1” (highest harm and culpability) due to the victim’s extreme youth and the severity of her physical injuries.

Finding no substantial and compelling circumstances to warrant leniency, Justice Janneh sentenced Wurry Barry to life imprisonment under Section 4(1)(a)(iii)(bb) of the Sexual Offences Act, 2013.

The convict was reminded of his right to appeal the decision.

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