[2022]DLHC11801 • December 1, 2022 • High Court
RASHID MOONJAMON @ JESUS vs. THE REPUBLIC
The appellant, Rashid Moonjamon @ Jesus, aged 18, a motorbike mechanic and illiterate, was charged with defilement of a child under 16 years contrary to Section 101(2) of the Criminal and Other Offences Act, 1960 (Act 29) as amended. The offence involved unlawful carnal knowledge of Khalidata Mohammed, aged 15, on 28 October 2018 at Wa, Upper West Region. The appellant pleaded not guilty but was convicted and sentenced to 15 years imprisonment. He was also charged with assault on the same complainant, pleaded guilty, and sentenced to 2 years imprisonment on that count. The sentences were not ordered to run concurrently by the trial court.
read moreJUDGMENT The Appellant was charged with one Shatta who is at large with the offence of Defilement of a child under the age of 16 years contrary to Section 101 (2) of The Criminal and Other Offences Act, 1960 (ACT 29) as amended by Act 554/98. The Particulars of the offence as stated on the charge sheet is as follows: “1. RASHID MOONJAMON @ JESUS: MARRIED: 2. MOTORBIKE MECHANIC: AGED 18 YEARS: ILLITERATE: SHATTA (AT LARGE) For that you on 28th day of October, 2018 at Najeem Cotton Company area at Wa in the Upper West Circuit and within the Jurisdiction of this court did unlawfully carnally know Khalidata Mohammed aged 15 years.” The Appellant pleaded not guilty to the offence and after full trial the Appellant was convicted of the charge of Defilement of a child under the age of 16 years and sentenced to 15 years imprisonment I.H.L. The Appellant not satisfied with the sentence filed Notice of Appeal pursuant to leave granted him against the sentence on count 2. After perus...