Section 129 (1) of The Penal Code Act provides that:
(1) Any person who unlawfully has sexual intercourse with a girl under the age of eighteen years commits an offence and is liable to suffer death. Mention the ingredients of the Aggravated Rape
The accused, on the 15thday of May 2015 had sexual intercourse with a 9-year-old to whom he is an uncle and thereafter threatened to harm her if she confided in anyone. But the victim confided in another relative, her Aunt who disclosed the encounter to the stepmom who informed the police. The Accused was then arrested and detained. He was medically tested and found HIV positive. When the girl was medically examined, she was found with no injuries, no infections but further examinations revealed that she was HIV positive. While In police custody, he admitted having had sexual intercourse with the victim.
Argument from Defense Council
At plea taking, a plea of guilty was entered by the accused to which the defense made no objection but prayed for a lighter sentence as the charged was sick, and capable of reforming to become an important person in the future.
Argument from Prosecution
The prosecution prayed for a harsher custodial sentence since the charged had several encounters with girls of the similar category prior to the subsequent charge. Prosecution informed court how he had earlier been convicted of defilement contrary to S129(1). He contended that the accused, being the uncle of the girl, breached the trust and responsibility to protect when he forcefully had sexual intercourse with his niece. For that, the prosecution prayed for a harsh custodial sentence.
Ruling of the Court:
Convicted on his own plea of guilt.