6
However, the crucial issue which has turned out to be the lone issue
for determination as far as Count I is concerned is whether it can be
said from the totality of evidence on record that it was the accused
that kidnapped PW1. PW1 said of the accused as follows “he later met
me in the market. He called me and invited me to his house. He said
he had something to give me. He coaxed me and took a taxi and we
went…” Although this piece of evidence was never challenged under
cross examination, the accused in both his cautionary statement exhibit “B” and his testimony before this Court completely denied this
allegation.
It is perhaps important to mention that the accused is not a stranger
to PW1 as there is a consensus on both sides that the accused was a
constant visitor to the residence where PW1 lives. Of further relevance
is the fact that PW1 would later lead the police to the residence where
the accused lives and identified same as the place where the accused
had contemptuous sex with her. This piece of evidence was never
challenged by the defense. Rather, the accused admitted under cross
examination that “it is true that PW1 led the police team to my house
in Fajikunda ... I do not know how she led the police to my house, all I
know is that she has never visited me…”. The accused in trying to
deny the allegations in Count I stated further that when PW1 arrived
his residence with the police, she pointed at his step mother’s room as
the place wherein the accused had kept her for two nights.