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.