The Kanifing Magistrates' Court, presided over by Principal Magistrate Basiru B. Mahoney on Tuesday 21st July 2009, convicted and sentenced one Babucarr Krubally, a Malian national, to mandatory jail term of eight years in prison.
The convict was also ordered to pay a compensation of D10, 000 to the complainant, in default to serve another two years in prison, after the court has found him guilty of defilement of a girl under the age of 16.
The alleged offence revealed that the convict on 9th November 2008, at New Jeshwang in the Kanifing Municipality, unlawfully had a carnal knowledge (sex) with a 12-year-old girl, name withheld without her consent or that of her parents.
Delivering his short but precise verdict, the presiding magistrate B. Mahoney told the court that the offence of defilment of a girl under the age of 16 is an atrocity, especially in the circumtances of this case.
Magistrate Mahoney also stated that the prosecution has proven his case beyound all reasonable doubts that the convict had indeed committed the said offence of defilment.
He added that the convict sent the complainant to the shop to buy coke drink and bread, and upon her return in the accused's house, he decided to have carnal knowledge of her.
In his plea of mitigation, the convict begged the court to temper justice with mercy as he is a stranger, and that his father had passed away.
According to him, he was under the infulence of Satan and will never repeat the said act.
The Prosecuting Officer, Inspector Mariama Fatty rose up and applied certain section for the convict to compensate the complainant. As she put it, she is a school-going girl and the offence was a serious one.
Meanwhile, the court recommended to the Ministry of Interior for the immediate deportation of the convict upon completion of his prison term.
