Under cross examination he said he did not take PW2 into the compound
he ran into. He did not take anybody to any house. He does not know why
the crowd was shouting and running against him.
The defense elected to close its case at this point and both counsels
waived their right to address this Court thus paving the way for this
judgment.
Section 124 of the Criminal Code reads “A person who, with the intent
to marry or carnally know a woman of any age, or to cause her to be
married or carnally known by any other person, takes her away , or
detains her, against her will, commits a felony …” I have carefully
looked at the wordings of Section 124 of Criminal Code and it appears to
me that for the prosecution to succeed to ground a conviction for the
offence of abduction, the following essential elements must be
established: (a) that a girl/woman was forcefully taken away or
detained by the accused and (b) the accused did so with the intention
of him-self or someone else, to carnally know or marry her. While (a)
constitutes the actus reus, (b) constitutes the mens rea of the offence
under charge. It is settled law that the prosecution can establish these
elements by direct or circumstantial evidence, but in either case, it must
be beyond reasonable doubts.
I shall begin this part of the judgment by first setting out the issues that
are not in contention. First, it is not disputed that PW2 was taken away
by a man with a bicycle. It is also not disputed that PW2 was later met on
the road by PW4. It is further not in dispute that the accused was later
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