A man who impregnated his sister has his 20-year prison sentence reduced.
On appeal, a 33-year-old man was sentenced to 20 years in prison for impregnating his biological 15-year-old sister.
Samuel Elorm Ababio was sentenced to five and twenty years in prison for incest and defilement on October 18, 2019, after pleading guilty on his first appearance.
The 33-year-old convict was accused of having sexual relations with his biological sister when she was nine years old and getting her pregnant at the age of 15 in 2019.
Before his conviction, he pleaded guilty to the charges in the Circuit Court presided over by Her Honour Rita Abrokwah Doko and was sentenced to five and twenty years in prison, to run concurrently.
However, dissatisfied with his sentence, the convict, through his lawyers, filed an appeal against his conviction and associated sentence.
The Criminal Division of the Accra High Court, presided over by Justice Lydia Osei Marfo, said in its decision on the appeal that, while the conviction was correct, the punishment was harsh.
According to the court, an innocent child has been born into this world and requires the care of a father.
The court also stated that, while harsh punishment is intended to serve as a deterrent, the country has been considering community sentencing, which could reduce the need for such punishment for some time.
As a result, the court set aside the Circuit Court's decision on October 18, 2019, and ruled that the convict's sentence should be reduced.
"The appeal against the conviction is denied." However, it is permitted on the sentenced," the court stated.
"The Circuit Court's judgment is reversed, and Appallent is sentenced to three years on 'Count 1' (Incest) and ten years on 'Count 2′′ (Defilement) beginning on the effective date of conviction (October 18, 2019)."
Facts in brief
The complainant, Franklina Angmor, works as a social worker at the Greater Accra Regional Hospital's Social Welfare Unit in Ridge, Accra.
While the victim, a 15-year-old Junior High School 2 dropout, is the sister of the accused, 33-year-old self-employed Samuel Elorm Ababio.
According to the prosecution, the victim was nine years old and living with her parents in Sankore, Bono Region, when the accused brought her to Accra to stay with him and enroll her in school.
It was stated that they lived in Kokrobite, an Accra suburb, and that the accused began having sexual intercourse with his sister when she was nine years old and had multiple sexual intercourse with her, warning her not to disclose the sexual act to anyone.
The Prosecution also stated that the victim became pregnant in early 2019, and that the accused was in charge of her antenatal care.
When the victim went into labor on October 3, 2019, the accused rushed her to Bortianor Polyclinic, where she was referred to the Greater Accra Regional Hospital, where she gave birth to a healthy baby boy.
Failure to pay bills
According to the prosecution, the victim was later discharged but was referred to the social welfare unit for assistance due to nonpayment of bills.
According to the prosecution, on October 16, 2019, the victim mentioned her eldest brother, the accused, as the one who defiled and impregnated her and was also the father of her newborn baby. A report was submitted to Accra Regional DOVVSU on October 17, 2019. The complainant was given a medical form to fill out and submit to the hospital for approval.
"On the same day, the accused paid a visit to his sister in the hospital, where the victim identified him as the father of her child once more."
"However, the accused was arrested, and in his caution statement, he admitted to the offense." According to investigations, the accused is the eldest of nine siblings, including the victim.
"The parents and siblings were all aware of the situation." He was charged with the offenses after an investigation."
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