The prosecution led evidence through five (5) witnesses and tendered one
(1) exhibit; the Cautionary Statement of the accused person, in support
of its case. The defense on its part led evidence through the accused
person as the lone witness in his defense. The facts of this case are
clearly borne out in the testimonies of prosecution witnesses and the
accused himself.
One Lamin Tabally, a detective police officer formerly attached to the
Bansang Police Station testified in support of the prosecution’s case as
PW1. His evidence is that, when the accused was brought to the Basang
Police Station he was detailed to record the Cautionary Statement of the
accused. He invited an independent witness, cautioned the accused, and
the proceeded to record his statement. He read over the statement to
the accused and the accused thumb printed thereon. This statement was
tendered in evidence through this witness and is in evidence as exhibit
“A”. He was never cross examined by the defense.
Mariama Sisawo, a nursery three kid, gave unsworn evidence as PW2.
Testifying in Chambers, she said she does not know the accused and has
never seen him before. She can however remember that she was carried
on a bicycle sometimes ago by the accused. The accused picked her near
their compound gate, took her to the compound of one Nyanga. When she
tried to talk after she was picked up by the accused, the accused would
beat her with the head of a bicycle pump. When he took her to Nyanga’s,
he was tapping her on her body. Whilst they got to a junction, a first
group came passed them, a second group came, and as they were
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