4
In both his cautionary statement - exhibit “A” and his evidence-in-chief
before this court, the accused stated that it was the prosecutrix who
came visiting him and that he unsuccessfully persuaded her to go
back home. These pieces of evidence were never challenged but
rather reinforced by the evidence of DW2. He maintained that he met
the prosecutrix once in December 2010 in the accused person’s house.
That on the 4th of January 2011, he called the accused, and the
accused passed him over to the prosecutrix. He requested her to allow
the accused join him for dinner but she turned off the phone on him.
These pieces of evidence were never challenged by the prosecution.
The effect, and as settled in a number of decided authorities, is that
unchallenged or uncontroverted fact or facts need no further proof.
See the Gambian Court of Appeal Case of ANTOINE BANNA V. OCEAN
VIEW RESORT LTD. (2008) 1 GLR 1. It remains admitted as
establishing the facts alleged therein MOZIE v. MBA MALU (2006) 25
NSCQR 425. On the strength of these authorities, I am inclined to hold
that the girl WUDAY TABALLY was never taken away or detained by
the accused and that it was her decision to remain with the accused
person herein and this I shall also hold as a fact.
Its stands therefore that the prosecution has failed to satisfactorily
prove the offence charged in Count II. This Count must therefore fall to
the ground.
With regards to the Section 121 Count, the evidence of the prosecutrix
is that “…The accused took me to his house and lay me on the bed and