The charge relates to allegations that on or about 10 October 2023 at London Corner in the Kanifing Municipality, he inserted his fingers into the vagina of a six-year-old girl under coercive circumstances.
Mr. Baldeh, who was arraigned before the court on 11 December 2023, pleaded not guilty to the charge.
The prosecution, led by Senior State Counsel F. Drammeh, presented six witnesses, including the victim, her family members, and a medical officer, who testified that the child suffered physical trauma and emotional distress.
While the defence lead by counsel A. Jarju called three witnesses, testifying as Defence Witness One, the convict denied all allegations. He told the court that he had lived in the compound for only about two months and had minimal interaction with the family.
He alleged that the child's grandmother had made advances toward him, which he rejected, and suggested that he was falsely accused as a result.
He maintained that he never had any inappropriate contact with the child and described the allegations as fabricated.
The convict also alleged that he was subjected to threats and intimidation while in police custody, though he denied being physically tortured.
During the trial, the defense counsel in his final submission argued that the allegations were fabricated as a result of a dispute over rent and alleged unwanted advances from the victim's grandmother.
Defence counsel highlighted inconsistencies in testimonies and questioned the reliability of
the medical examination, which relied on visual observation and gloves, and could not definitively link the injury to sexual abuse.
Justice Jaiteh after thoroughly evaluated all evidence ruled that PW4, the victim, consistently identified Baldeh and described the act in detail. PW2 (grandmother), PW3 (mother), and PW5 (older sister) corroborated the child's account. PW6, the medical officer, confirmed partial disruption of the hymen consistent with blunt trauma, reinforcing the credibility of the child's testimony.
Delivering the verdict , Justice Jaiteh stated that the defense evidence fails to provide any independent factual rebuttal, and character testimony alone cannot outweigh direct, corroborated accounts.
He stated that the Court is therefore not persuaded by the defence case.
While the accused and his witnesses raised potential motives for fabrication, which did not meet the legal threshold to create reasonable doubt in the mind of the court, thus the court found that Baldeh had sexually abused the child by inserting his finger into her vagina, and had attempted to silence her with money.
“The Accused person Momodou Yerro Baldeh is guilty of rape contrary to section 3(1)(a) of the Sexual offence act 2013.
Delivering an emotional plea in mitigation, defence counsel emphasized Baldeh's age, family responsibilities in Senegal, lack of prior convictions, and expressed remorse. However, the court noted that these factors could not outweigh the severity of the crime against a child of tender years.
Subsequently Justice Jaiteh said bearing in mind the plea of the defense counsel who, emphasized Baldeh's age, family responsibilities in Senegal, lack of prior convictions, and expressed remorse.
However, he postulated the court noted that these factors could not outweigh the severity of the crime against a child of tender years.
“The evidence shows the victim suffered physical trauma, confirmed by the medical report, and psychological harm reflected in her fear and distress. The convict's attempt to silence her with money shows manipulation and guilt. The domestic setting was a gross breach of trust.
He added: “The convict's age doesn't mitigate the offence - age can't shield someone preying on a child. Being a first-time offender or having family responsibilities doesn't change the crime's seriousness.”
“The law is clear: sexual exploitation of children is heinous and gets the sternest punishment. Protecting minors is paramount. No offender should expect leniency.”
The court emphasized that the Sexual Offences Act, 2013 mandates life imprisonment for sexual offences committed against children under 13, particularly when the offence causes grievous harm or involves coercive circumstances.
Justice Jaiteh stressed that protecting minors is a societal and constitutional imperative, and that such offences will attract the sternest penalties regardless of the offender's age, nationality.
He stated that parents and guardians should safeguard children, educate them on safety, and report abuse promptly. This protects other vulnerable kids.
“Considering the aggravating factors and the law, Momodou Yerro Baldeh gets life imprisonment. This punishes the offender, deters others, and upholds the law.” he concluded.
