the accused admitted that Tanyi Goodness was his girlfriend and he was aware that he was 13 years old. He also admitted that he had had sexual intercourse with Tanyi Goodness. The accused person’s cautioned statement to the police in exhibit “A” is a confession. Section 315(3) of the C.P.C provides that “a voluntary confession shall constitute evidence against that accused who made it”. The accused person’s denial during the trial that he was aware the victim of the offences was under aged and that he had sexual intercourse with her is no reason for rejecting his confession in exhibit “A”. I hold the view that the accused person’s cautioned statement to the police was voluntary and I attach a lot of weight to it. I consider the accused person’s denials of knowledge of the victim’s age and of having had sexual intercourse with her as an afterthought designed to befuddle the mind of the court. That being the case, I find the accused person guilty in count one. As regard count two wherein accused was charged with kidnapping of child contrary to Section 352 of the Penal Code, there is ample evidence that the victim of the offence Tanyi Goodness, was removed from the control of her parents and guardians to the accused person’s apartment. The accused admitted in his evidence in court that the victim of the offence Tanyi Goodness, visited his flat at Buea Town on several occasions and on one occasion even spent the night there. In his cautioned statement in exhibit “A” the accused admitted that the victim of the offence was his girlfriend and he knew that she was 13 years old. He also admitted that he had sexual intercourse with her. From the foregoing inescapable conclusion is that the accused did not have a platonic relationship with the minor. It seems that the accused person’s relationship with the minor was prompted by a desire to have carnal knowledge of her. It is the accused’s carnal desires that prompted him to entice the minor to leave the custody of her parents and guardians. It is trite law that the duration of loss of custody of parents or guardians and how far away the minor is removed are immaterial. There is ample evidence that on the occasion that caused the brother and guardian of Tanyi Goodness to make a complaint to the police the removal of the minor lasted for a whole day. PART III- VERDICT This court sitting as a court of original jurisdiction and after a full hearing returns the following verdict: the accused is found guilty in count one and two as charged, contrary to and punishable under section 346(3) and 352 of the Penal Code. PREVIOUS CONVICTION: Nothing known about the convict. Mr Emmanuel Kilo Ngwa: We shall be applying for costs against the convict. ALLOCATUS: I want to plead for leniency because my mother died when I was 3 years old. I am now living with my grandmother and there is no one to take care of her. I am therefore pleading for mercy. SENTENCE I find mitigation in the fact that the accused is a first offender and sole breadwinner of his family. He is accordingly sentenced to 10 years imprisonment in count one and 3 years imprisonment in count two.

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