MOHAMMED Khan, 50, who was sentenced to life imprisonment after a mixed Berbice Assizes jury convicted him for raping a 13-year-old girl, has filed an appeal, citing that the sentence was unduly severe.

The appeal, which was filed by Attorney Mursulene Bacchus, who noted on the additional grounds, that the summing up of the case was unbalanced in favour of the prosecution and the defence of the appellant, was not properly put to the jury. The attorney also claimed that inadmissible evidence also prejudiced a fair trial.

Further, Bacchus state that the verdict was unreasonable and could have been supported by the evidence.
On December 20, last, Justice Priya Sewnarine Beharry handed down the life sentence while stipulating that the prisoner would be eligible for parole after he would have served 35 years.

After the sentence was handed down at the Berbice Assizes, Khan had told reporters, “An innocent man is being sent to jail. I cannot do what they say I did as he referred to the condition of an erectile dysfunction.”

However, the judge in giving a breakdown of the sentence said, 10 years each for repeated offence, violations and psychological damage and five years each for breach of trust and lack of remorse. However, five years were deducted for the plea in mitigation.
State Prosecutor Mandel Moore had lead evidence which stated that on September 28, 2014, the victim, then aged 13, was riding pass the convict’s home when he called out to her, asking if she wants a pair of shoes.

After she responded in the negative, he enquired whether she needed to buy a movie disc which was in his house. As she stood in his doorway, Khan pulled her by the hair into the house, closed the door, cut off her clothes with a knife and put the knife to her neck before sexually penetrating her.
The victim knew the convict three years prior to the incident as he sold DVDs in front of his home.