PART II- THE REASONING
The accused is charged on a two count charge with two offences to wit: indecency
to child under sixteen contrary to section 346(4) of the Penal Code and slight harm
contrary to section 281 of the Penal Code.
On arraignment the accused pleaded not guilty to both counts of the charge and the
prosecution called two witnesses to prove his guilt.
The first prosecution witness was Ngwa Regina, the victim of the offence. She
informed the court on oath that she was a class three pupil of Government Primary School
Mudeka. The accused is their neighbour in Buea.
On a certain day her mother left her at home with her siblings and went out to buy
airtime for her phone.
The accused is occupying a flat in the same building where her family is living. In
the absence of her mother the accused asked her to wait for him in a building housing a
pit toilet. Later the accused joined him in the toilet. The accused then removed the pair of
jeans trousers she was wearing. After undressing her the accused removed his own pair
of trousers. The accused had sexual intercourse with her by inserting his penis into her
vagina. As a result of the intercourse, she bled. During the intercourse the accused used
his right hand to gag her.
After the incident the accused threatened her with death if she revealed to anyone
what he had done to her. When the incident took place she was at home with her two
younger sisters who are in class two and nursery two respectively. The incident took place
in the night. After the incident she went to her bedroom and slept. In the morning at about
5 am she felt pain in her abdomen so she complained to her mother; she informed her
mother that the accused was responsible for the pain she felt in her abdomen. She and the
accused were taken to the Quarter Head’s Compound. Thereafter she was taken to the
hospital where she consulted a medical doctor who examined her and issued her with a
medical report.
Under cross-examination she said that she bled from her anus. She said that she did
not feel pain when the accused inserted his penis in her anus. She insisted that she made
a complaint to her mother the day after the incident took place.
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