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that the accused could not have and did not have any sexual
intercourse with the prosecutrix.
These are the brief facts upon which I must now proceed to determine
the guilt or otherwise of the accused person. Perhaps it is important to
state that at the close of the trial both sides were given the
opportunity to file written addresses. While the prosecution filed and
adopted a nine page written address on the 10 of October 2011 the
Defense decided to waive their right to address me thus paving the
way for this judgment.
In their written address, the prosecution has referred me to a plethora
of cases urging me to believe the evidence of the prosecution and to
disbelieve the evidence of the defense. In her written submission
Counsel for the prosecution Miss N Jallow framed out the following
questions as the issues for determination in this case:
(a) Whether the victim was enticed and kept away from her lawful
guardian,
(b) Whether the victim was taken away with or without the consent
of her lawful guardian, and
(c) Whether the accused person penetrated the victim.
I must say straight away that Counsel did not help the Court at all as
the above issues suggest that the accused was on trial on a one Count
charge.