This to my mind further implicates the accused person who during the trial said the
victim had never spent the night in his room.
The prosecuting counsel tendered in evidence the birth certificate of the victim
establishing the fact that he is a minor aged below sixteen as contemplated by section 346
of the Penal Code.
They also tendered in evidence a medical report dated 10th April 2017 and signed
by a certain Dr Ngund Mathias, a medical adviser at the Buea Regional Hospital.
In his analysis and after examining the victim, he found that the anal verge is gaping
and easily admits the index finger and concluded that his findings were compatible with
anal intercourse. It can therefore be inferred that the accused person had and intercourse
with the victim within the month of April 2017.
Section 347-1 of the Penal Code stipulates that “whoever has sexual relations with
a person of the same sex shall be punished with imprisonment for from 6 months to 5
years and a fine of from 20.000 frs to 200.000 frs”
Sexual assault having then been established by a medical expert, it is an
undisputable fact that the said Kone Ponke is a male child and of the same sex as the
accused person.
Throughout this trial, the accused has not been able to proof his innocence before
this court. He never at any time brought forward any witnesses to proof his innocence.
I can therefore conclude that the prosecution has succeeded in proving its case
beyond reasonable doubt and to conclude that the accused person has been caught in the
web of sections 346(3) and 347-1 of the Penal Code.
I therefore find him guilty as charged of the offences of indecency to child under
sixteen and homosexuality.
VERDICT
Sitting in open court after a full trial, at first instance, this court finds the accused
person guilty as charged and proceeds to convict him under sections 346(3) and 347-1 of
the Penal Code.
The cost of these proceedings have been set out as follows:
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