19
Earlier on I had mentioned that her in laws came to court to give her support.
Unfortunately as the trial progressed and evidence brought to light the events
which led to the charge this accused was facing, those in laws stopped coming to
court. We now came to know from the accused's Counsel that her husband threw
her out. In that marriage which she secured while on the run there seems to be
problems. The accused sought and obtained refuse with her sister and her husband.
It was pointed out that despite being homeless and having her marriage on the
rocks, she faithfully attended as required this trial till the last day. This, she did
with the help and support of her sister and brother-in-law.
At the time this offence was committed the accused was sixteen (16) years old.
There is a statutory provision governing the treatment of young offenders before
court. That is CHILDREN'S PROTECTION ACT 1980. In Section 1 of the said
Act, the child is defined as "an unmarried person under the age of 18 years". At
sixteen (16) years the accused in this case is therefore a child. The section 26,
which deals with punishment of the "child offender" specifically provides at
subsection (1) that "No child shall be punished by imprisonment" (My
underlining). Sentencing is the most difficult part of any trial. The Statutory
provision which are applicable in this case, limit the options open to court in the
exercise of its discretion. As a female offender this accused cannot, under any
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents