The court, presided over by Justice Lydia Osei-Sarfo, also imposed a GH¢10,000 fine on the convict, Kofi Sekyi to compensate the victim.
Delivering her sentence, the Judge said “the accused was in a position of trust, yet breached that trust the family and victim had in him by his unpardonable act”, adding that, “Considering the age difference, the offence was incest per our traditions.”
Facts of the case
The nine-year old victim (name withheld) until the incident, was living with Sekyi.
Sekyi is the younger brother of the victim’s father who has gone blind.
He was said to have used his position of trust and defiled the victim in November 2014, after which he gave her a fruit juice to appease her incessant cries.
A neighbour, who saw the victim in a hysterical mood, reported the incident to the police after the victim had confided in her.
Sekyi was subsequently arrested and he confessed in his caution statement to the police.
In court, Sekyi pleaded not guilty during the trial but the court found him guilty.
According to the court, although the Sekyi had pleaded not guilty, the earlier confessions he made in his caution statement was still valid, as he failed to prove beyond all reasonable doubts that he was not guilty of the crime.
“I reject your denial as your defence carries no weight,” the Presiding Judge said.
The visibly angry judge also reproached Sekyi for wasting the court’s time on a lengthy trial when he had no substantial evidence to prove he was not guilty of the charges against him.
Sekyi in a swift turn of events, however, pleaded with the presiding judge for a mitigated sentence as according to him, he had been informed that his wife had been delivered of their first child.
But the Judge told him to go for an appeal if he was not satisfied with the ruling.
The victim, who suffered a broken hymen and vaginal injury as result of force penetration, has since undergone a vagina surgery at the Korle-Bu Teaching Hospital.
She is currently undergoing psychotherapy at the Child Health Department as a result of the trauma she suffered.